J.D. v. Lauderdale County Department of Human Resources
121 So. 3d 381
| Ala. Civ. App. | 2013Background
- The father appeals the Lauderdale Juvenile Court’s August 20, 2012 judgment declaring the child dependent and awarding custody to DHR.
- Texas court awarded custody to the father in April 2012; the mother had only supervised visitation.
- On May 17, 2012, the mother took the child from Texas to Alabama; police removed the child due to alleged kidnapping.
- DHR obtained a temporary custody pick-up order on May 18, 2012 and filed a dependency petition on May 21, 2012, while a Texas proceeding was pending.
- The juvenile court issued a shelter-care order in June 2012, then amended it and set an adjudicatory hearing for August 17, 2012.
- The juvenile court ultimately adjudicated dependency and awarded custody to DHR on August 20, 2012, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had subject-matter jurisdiction to adjudicate dependency | Father argues lack of UCCJEA jurisdiction | DHR contends court had temporary emergency jurisdiction | Void; jurisdiction lacking; appeal dismissed with instructions to vacate |
| Whether temporary emergency orders complied with § 30-3B-204 requirements | Father contends orders were not time-limited or properly conditioned | DHR asserts temporary orders were proper emergency actions | Noncompliant; orders must be amended to meet § 30-3B-204 standards |
| Whether the court failed to communicate with the Texas court as required | Father asserts cross-state communication was required | DHR acknowledges requirement but argues emergency actions proceeded | Require communication; foster period for other state’s order or declination to exercise jurisdiction |
Key Cases Cited
- M.W. v. C.W., 60 So.3d 301 (Ala.Civ.App.2010) (temporary emergency jurisdiction cannot support a full dependency proceeding)
- S.C. v. J.T.C., 47 So.3d 1253 (Ala.Civ.App.2010) (temporary emergency jurisdiction limited; specify period for other-state order)
- R.W. v. G.W., 2 So.3d 869 (Ala.Civ.App.2008) (home-state jurisdiction required for custody determinations; temporary power limited)
- M.B.L. v. G.G.L., 1 So.3d 1048 (Ala.Civ.App.2008) (dependency judgments void when temporary-emergency jurisdiction misused)