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R.W.D. v. Walker County Department of Human Resources7/20/2001
These appeals involve the termination of parental rights of the father, R.W.D., and the mother, K.M.D., as to their three minor children, A.D., C.D., and T.D. The record indicates that the court appointed a guardian ad litem to represent the interests of the children; that the mother and father were both represented by the same attorney in the termination proceeding involving the minor child, T.D. (JU-99-270); and that the mother and father each had separate attorneys in the termination proceedings involving A.D. and C.D. (JU-98-218 and JU-98-219). We note that although only one termination proceeding was held (on November 7, 2000, for all three children), the trial court did not consolidate the cases at trial and the parties did not seek to consolidate the cases on appeal. After reviewing the separate records, we have concluded that the same issues are being presented in both appeals; therefore, we have consolidated the cases for purposes of issuing an opinion.
On April 9, 1998, the Walker County Department of Human Resources ("DHR") petitioned for temporary custody of A.D. and C.D., alleging that both children were dependent and in need of immediate care, because of serious drug abuse and neglect by the mother and father. After conducting a detention hearing, the court awarded DHR temporary custody of both children. In December 1998, the children were returned to the parents for a trial placement. After repeated reports of drug use and prostitution by the mother, the children were returned to foster care. In May 1999, DHR was informed by the mother that she was pregnant.
On July 16, 1999, DHR petitioned for an emergency pick-up order, alleging that T.D., born on July 15, 1999, had tested positive for cocaine; that the mother had a history of drug abuse; that the child's two siblings were in DHR custody; and that the child was dependent and in need of emergency care. After conducting a detention hearing, the court entered an order finding that T.D. was dependent and awarding DHR temporary custody. The court further ordered that T.D. be placed in the same foster home as his two siblings; that a home study be completed on J.D. and C.D., a paternal uncle and his wife, to determine the appropriateness of approving their home for a foster-care placement; and if approved, that the uncle and aunt receive physical custody of all three children.
In October 1999, DHR petitioned to terminate parental rights of the mother and father, alleging that the three children remained dependent and in DHR custody because of neglect by the parents and a history of drug addiction by both parents; that the parents had failed two of four drug-screening tests; and that in 1998 the father had been arrested for assault and theft and in 1999 the mother had been arrested for possession of marijuana and the father was arrested for DUI.
On June 12, 2000, the uncle and aunt petitioned for temporary and permanent custody of the three minor children. In August 2000, they petitioned for visitation with the children, alleging that before their temporary relocation to Texas they had been allowed visitation with the children but that they had been denied visitation in the past several months.
After conducting an ore tenus proceeding, the court, on December 15, 2000, entered separate orders terminating the parties' parental rights as to each child. The court found that A.D. and C.D. continued to be dependent and in need of the care and protection of the court; that the parents had "abandoned" the children (see § 26-18-3, Ala. Code 1975); that the parents had failed to provide for the material needs of the children; and that the uncle and aunt, "even though willing at times, are not suitable a
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