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J.L. v. STATE DEPT. OF HUMAN RESOURCES1/31/1997
The Shelby County Department of Human Resources (DHR) petitioned the juvenile court, seeking permanent custody of B.W. and T.L., who are half-sisters, sharing the same biological mother. The court had previously found the children to be dependent, and they were in the temporary custody of DHR. Following oral proceedings, the court terminated the parental rights of J.L., the father, and W.L., the mother, as to T.L. The court also terminated the mother's parental rights as to B.W; B.W.'s father was deceased at the time of the proceedings. J.L. and W.L. appeal.
In order to terminate parental rights upon the state's petition, a court must make several findings: First, the court must determine that the child is dependent, according to clear and convincing evidence. Second, the court must find that there exists no viable alternative to termination of the parent's custodial rights. L.A.G. v. State Dep't of Human Resources, 681 So.2d 596 (Ala.Civ.App. 1996). If the trial court was presented ore tenus evidence, its judgment is presumed to be correct. It will be set aside only if the record reveals it to be plainly and palpably wrong. Id.
Although a child's parents have a prima facie right to custody, the paramount concern in these proceedings is the child's best interests. Id. In determining the child's best interests, the court must examine whether the parents are physically, financially, and mentally able to provide for the child. Id. If clear and convincing evidence reveals that the parents cannot, or are unwilling to, discharge these responsibilities, parental rights may be terminated. Id.; § 26-18-7, Ala. Code 1975.
The mother and father assert that there was a lack of clear and convincing evidence to support the trial court's judgment.
In October 1993, DHR received reports from the children's respective schools, alleging that the children had been unsupervised, neglected, and abused. DHR began an investigation at that time. For two months, DHR worked with the family in an effort to address the family's needs and to secure adequate housing. In December 1993, DHR received a report that B.W. had been physically abused by J.L.; B.W. and T.L. were immediately taken into the custody of DHR.
Following the initial hearing, the parents were ordered to submit to a psychological evaluation. The psychological evaluation revealed that the mother was mildly mentally retarded. The psychologist reported:
"It would be suspected that [the mother] frequently encounters difficulties with interpersonal relationships. Much of her behavior is rather immature and childlike with little evidence of being able to assume a normal adult responsibility. While there was no indication of violence in her behavior or responses during this session, there were indications of her possibly becoming frustrated very easily and feeling that she had to do something even though she did not know what to do."
The psychological evaluation of the father revealed that he was mentally limited, with an I.Q. of 56. The psychologist noted that the father had gained very little general information and knowledge in his life. The test results indicated that he was emotionally immature and that he probably found himself feeling helpless on many occasions. There was a possibility of organic brain damage, caused from seizures and his use of alcohol. The psychologist concluded that it would not be surprising if, from time-to-time, the father
lashed out at objects or at people when he became confused about what he should do.
At the time of the hearing, the mother was 45 years old, with a ninth-grade education. She had given birth to 5 additional children, whos
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