 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
J.B. v. STATE DEPT. OF HUMAN RESOURCES2/13/1998
In September 1996, the State Department of Human Resources ("DHR") petitioned to terminate the parental rights of J.B. (the "father") and W.N. (the "mother"), the natural parents of T.E.B. (the "child"). After a hearing, the trial court terminated both the mother's and the father's parental rights. The father appeals. After careful consideration of the evidence presented at the hearing, we affirm the termination of the father's parental rights.
"The right to maintain family integrity is a fundamental right protected by the due process requirements of the Constitution. Pursuant to this right, Alabama courts recognize a presumption that parental custody will be in the best interests of a child. This prima facie right of a parent to the custody of his or her child can only be overcome by clear and convincing evidence that permanent removal from the parent's custody would be in the child's best interest. . . . In making that determination, the court must consider whether the parent is physically, financially, and mentally able to care for the child. If the court finds from clear and convincing evidence that the parent is unable or unwilling to discharge his or her responsibilities to and for the child, his or her parental rights can then be terminated, pursuant to [Ala. Code 1975,] § 26-18-7(a). . . ."
Bowman v. State Dep't of Human Resources, 534 So.2d 304, 305 (Ala.Civ.App. 1988) (citations omitted). The trial court's decision to terminate parental rights, which is based on evidence presented ore tenus, is presumed correct and will be reversed only if the record demonstrates that the decision is unsupported by the evidence and is plainly and palpably wrong. R.B. v. State Dep't of Human Resources, 669 So.2d 187 (Ala. Civ. App. 1995).
To terminate parental rights, the trial court must first determine from clear and convincing evidence that the child is dependent. S.F. v. Department of Human Resources, 680 So.2d 346 (Ala.Civ.App. 1996). The trial court must then determine that there exists no alternative to termination. L.A.G. v. State Dep't of Human Resources, 681 So.2d 596 (Ala.Civ.App. 1996).
A trial court may terminate parental rights when "the parents of child are unable or unwilling to discharge their responsibilities to and for the child, or . . . the conduct or condition of the parents is such as to render them unable to properly care for the child and . . . such conduct or condition is unlikely to change in the foreseeable future." Ala. Code 1975, § 26-18-7(a). In making the difficult decision to terminate parental rights, the trial court is required to consider, among
other things, the excessive use or abuse of alcohol by a parent, id., conviction of and imprisonment for a felony, Ala. Code 1975, § 26-18-7(a)(4), and whether "reasonable efforts by . . . leading toward the rehabilitation of the parents have failed." Ala. Code 1975, § 26-18-7(a)(6). In addition, in cases like this one, where the child is no longer in the physical custody of the parents, the trial court must also consider the " ack of effort by the parent to adjust his circumstances to meet the needs of the child in accordance with agreements reached . . . with ." Ala. Code 1975, § 26-18-7(b)(4).
The testimony and other evidence at trial focused on the ability of the parents to meet the needs of the child and whether the parents had, in accordance with DHR service plans, taken steps to rehabilitate themselves so as to adjust their circumstances to better provide for the child. The evidence established that the father had a history of alcohol abuse and an extensive criminal record. In addition, the evidence showed that the father was not receptive to efforts at rehabili
Page 1 2 3 4 5 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|