162 So. 3d 920
Ala. Civ. App.2014Background
- Petitions filed Aug 27, 2012 by maternal grandmother alleging dependency and seeking custody.
- Temporary custody awarded to grandmother; trial delayed while mother sought mental evaluation and Louisiana custody issues arose.
- Adjudicatory hearing Dec 12, 2013 with only mother and grandmother testifying; father did not participate.
- Mother testified to unstable housing in Louisiana, current employment, medication use, counseling, and limited contact with children.
- Trial court issued judgments on Dec 19, 2013 finding dependency and placing custody with grandmother, but without written findings of fact or grounds.
- Mother filed motions to alter, amend, or vacate Jan 2, 2014, which were denied; notices of appeal filed Jan 2, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dependency disposition is supported by clear and convincing evidence at time of disposition | T.C. argues she was rehabilitated and stable at disposition | Y.R. contends past instability persisted, justifying disposition | Affirmed; evidence supports dependency at disposition |
Key Cases Cited
- V.W. v. G.W., 990 So.2d 414 (Ala.2008) (dependency must be proven presently by clear and convincing evidence)
- Ex parte McInish, 47 So.3d 767 (Ala.2008) (standard for review of clear and convincing evidence in dependency)
- A.R. v. State Dep’t of Human Res., 992 So.2d 748 (Ala.Civ.App.2008) (juvenile court may consider past and present conditions in dependency)
- J.L. v. W.E., 64 So.3d 631 (Ala.Civ.App.2010) (assumes findings needed to support judgment when not clearly erroneous)
- Ex parte D.W.W., 717 So.2d 793 (Ala.1998) (trial court credibility findings review)