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R.G. v. CALHOUN CTY. DEPT. OF HUMAN RES.3/27/1998
t to be disclosed. Id.
In Ex parte Guerdon Industries, Inc., the petitioners sought to review the juvenile records of a minor who was not a party to the litigation. The trial court denied the petition after reviewing the requested records and determining that the information in those
records was not necessary to the petitioners' case. The Supreme Court of Alabama affirmed, holding that the trial court had broad discretion over discovery matters and that the trial court had not abused its discretion.
The facts of this case are distinguishable from those of Ex parte State Farm Fire & Cas. Co., supra, and Ex parte Guerdon Industries, Inc., supra. The father's treatment records were not sought as part of a case related to the juvenile offense. Also, the facts of this case do not fall within any of the exceptions enumerated in § 12-15-100(a)(1) through (a)(6), Ala. Code 1975. The father's juvenile treatment records were not admissible and therefore did not constitute "competent" evidence in the adjudicatory hearing relating to his son. The trial court erred in admitting those records and in allowing the extensive testimony regarding the father's juvenile history and records.
DHR argues that, even without the improperly admitted evidence concerning the father's juvenile records, there is sufficient evidence in the record to support the trial court's judgment. After carefully reviewing the record, we agree. Given the other evidence presented at the adjudicatory hearing, we conclude that the trial court's admission of the father's treatment records as a juvenile was harmless error.
The record indicates that the father has a history of domestic violence. The mother testified that the father hit her throughout their marriage "every time he would drink." She sought medical treatment from a local emergency room on one occasion after the father hit her. She testified that the children had witnessed the couple fighting. The father admitted that he hit his wife and also admitted "knocking" her unconscious on one occasion. The father denied hitting the children. A.G. reported to her counselor that she and C.G. had witnessed the father drinking and hitting their mother; she also reported that the father had slapped both her and the son.
Dee Barcliff, a DHR counselor, testified that she met with the father only three times; the father canceled or missed five other appointments. She testified that the father had little basic parenting knowledge; he did not know the name of the son's pediatrician or have any basic first aid knowledge. The father informed her that he would rely on his mother, who lived nearby, for that information. The father's mother testified that he did not know how to change a diaper; if his wife was not at home and the son's diaper required changing, the father would put the son in his automobile, drive from his home to his mother's home, and have his mother change the baby's diaper.
Barcliff also testified that she was concerned about the father's drinking, his immaturity, and his level of hostility. Shortly before the adjudicatory hearing, the father was convicted of driving under the influence of alcohol. Further, the testimony in the record tended to establish that the father became violent when he drank alcohol. Barcliff also testified that she used a "hostility index" to determine how effectively the father dealt with anger. A "normal" score on that evaluation is below 38; the father scored a 62 on the hostility index; thus, Barcliff reported that "hostility was a big issue."
The father argues that the social workers had only "concerns" about his parenting abilities. We note that the social workers had onl
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