State Dep't of Children's Services v. Hardin5/26/2005
Amanda Hardin ("Hardin") is the mother of T.H. (d.o.b. 5/28/02). Six days after T.H.'s birth, on June 3, 2002, the Department of Children's Services ("DCS," or "Appellee") filed a "Petition for Temporary Custody" of T.H. The Petition alleged, in relevant part, that:
The mother, Amanda Hardin, had no pre-natal care, had two positive drug screens during her pregnancy, and did not go to the hospital for delivery until several days after her water broke. Ms. Hardin has visible intravenous needle tracks on her arms. Ms. Hardin is Hepatitis C Positive. It is unknown if [T.H.] is positive at this time. Ms. Hardin also maintained a monthly prescription for Valium, without informing the prescribing doctor of her pregnancy. Ms. Hardin has pending criminal charges of Felony Evading arrest, Criminal Impersonation, Child Endangerment, and Driving on a Revoked License, regarding an incident involving [T.H.'s] sibling, [D.N.]. This Court found Ms. Hardin guilty of the severe child abuse of [T.H.'s] sibling, [D.N.], for her actions during the incident, which included using the child as a human shield.
The father of T.H. was unknown to DCS at the time of the filing of this Petition. On June 3, 2002, the trial court found probable cause to believe that T.H. was dependent and neglected and entered a "Protective Custody Order." A preliminary hearing on the DCS Petition was held on July 16, 2002. On August 29, 2002, the trial court entered an Order, which indicates that Hardin had named Steven Theodore Kelley ("Kelley," "Father," or "Appellant") as the father of T.H. On the same date, an Order was entered requiring Kelley to submit to a parentage test. Following a hearing on December 3, 2002, the trial court entered an Order on January 2, 2003 declaring Kelley to be the father of T.H. Kelley was ordered to pay $426.00 per month in child support , and was given credit for his two other children by a different mother.
On December 17, 2002, the trial court heard DCS' "Petition for Temporary Custody." Among those present at the hearing were the Guardian ad Litem, Rosella Shackleford, and representatives of DCS. On February 18, 2003, the trial court entered an "Interim Order," which (1) granted temporary custody of T.H. to DCS; (2) approved and incorporated by reference a permanency plan with the sole goal of adoption; and (3) relieved Hardin's attorney and the Guardian ad Litem of their representation pending further hearings.
On December 23, 2002, Kelley filed a "Petition to Establish Custody"seeking to gain custody of T.H. On February 14, 2003, the trial court entered an Order continuing Kelley's "Petition to Establish Custody" pending DCS' completion of a home study of Kelley's home. By this same Order, Kelley was awarded once a week supervised visitation with T.H.
On March 15, 2003, Kelley signed a revised Permanency Plan (the "Plan"). The Plan indicates dual goals of "Return to Parent" and "Adoption." The Plan also identifies five "risks, needs, or problems" involving Kelley, including:
1. Mr. Kelley has not been the primary care giver for this child.
2. Mr. Kelley has a history of domestic violence charges.
3. Mr. Kelley has admittedly a history of alcohol and drug use. Mr. Kelley also has a history of DUI.
4. In the beginning of this case[,] Mr. Kelley was aggressive and uncooperative.
5. [T.H.] is Hepatitis C +.
To address these problems, the Plan lists the following goals:
1. Mr. Kelley will learn effective parenting skill and nurturance specific to child appropriate situations and be able to exhibit/use these skills during his visits.
2.
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