86 So. 3d 398
Ala. Civ. App.2011Background
- Mother J.R.L. appeals a Clay Juvenile Court judgment terminating her parental rights to A.R.W.; court reverses.”
- Child A.R.W. was born June 26, 2007; father A.W. in Army, not married to mother, and largely absent.
- Mother engaged in multiple forged-check schemes totaling about $7,000; arrested August 2008 for possession of forged instruments.
- Child lived with M.B. and R.B. since mother’s August 2008 arrest; mother visited and maintained communication.
- Mother completed several drug treatment programs and obtained a job after prison release; evidence of ongoing rehabilitation.
- Child custody and visitation were overseen by relatives M.B. and R.B., who seek to adopt; mother’s relationship with child contested by relatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was supported by clear and convincing evidence | Mother (M) argues evidence shows progress and viable alternatives exist | M.B. and R.B. contends termination required to protect child | No; violation found; viable alternative exists and termination reversed. |
| Whether viable alternatives to termination were properly considered | Mother contends status quo with supervision would protect child | Court relied on termination as necessary | Viable alternative existed; court erred by terminating. |
| Proper consideration of alternatives under statute 12-15-319(a) | Beasley framework requires analysis of all alternatives | Termination justified under conditions described | Abrogated; reversal due to improper consideration of alternatives. |
Key Cases Cited
- F.I. v. State Dep’t of Human Res., 975 So.2d 969 (Ala. Civ. App. 2007) (clear and convincing standard; correctness of factual findings)
- Ex parte Beasley, 564 So.2d 950 (Ala. 1990) (two-prong test; consider viable alternatives to termination)
- S.M.M. v. R.S.M., 83 So.3d 572 (Ala. Civ. App. 2011) (viable alternative if progress and proper safeguards exist)
- Ex parte A.S., 73 So.3d 1223 (Ala. 2011) (viable alternative: custody by relative with supervised visitation)
- J.C. v. State Dep’t of Human Res., 986 So.2d 1172 (Ala. Civ. App. 2007) (requires consideration and rejection of alternatives to termination)