554 So. 2d 1063 | Ala. Civ. App. | 1989
The Russell County Department of Human Resources filed a petition to terminate the parental rights of Maggie Thomas to her son, Darnell. After an ore tenus proceeding, the trial court terminated all legal rights of the mother to her child and granted temporary custody to the department to "make an effort to place said child with his maternal grandmother, Lucille Thomas."
The department appeals and asserts that the trial court abused its discretion in awarding only temporary custody to the department and ordering it to attempt placement with the maternal grandmother as a relative resource. The department contends that the trial court's order is inconsistent with the concurrent termination of Maggie Thomas's parental rights.
In order to terminate parental rights, the trial court must make several findings. First, the trial court must determine that the child is dependent, based on clear and convincing evidence. Second, the trial court must find that there exists no viable alternative to termination of the mother's custodial rights. Wallace v. Jefferson County Department of Pensions Security,
The trial court's finding is additionally inconsistent with §
For the foregoing reasons, the judgment of the trial court is reversed, and this cause is remanded for further proceedings so that the inconsistencies in the trial court's order can be reconciled.
REVERSED AND REMANDED.
ROBERTSON and RUSSELL, JJ., concur.