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M.W. v. Houston County Department of Human Resources7/14/2000
In 1992, M.W. (the "mother") voluntarily relinquished custody of her then 3-year-old son, R.C.W. (the "child"), to the Houston County Department of Human Resources. The child, who has been diagnosed with attention deficit hyperactive disorder (ADHD) complicated by depression, was placed in foster care, where he remained until December 1994, when he was placed with paternal relatives in South Carolina. The paternal relatives cared for the child until April 1996, when he was again placed in foster care in Alabama because the paternal relatives could not longer handle his aggressive behavior.
In December 1996, the child was placed with the mother in Florida, under the supervision of the Florida agency equivalent to our DHR, where he remained until December 5, 1997, when the mother voluntarily returned him to DHR because she was homeless. She returned to Florida for a short time, and then, upon her return to Alabama, began residing temporarily with her mother. The child was returned to her custody on December 25, 1997. However, DHR removed the child from the mother's custody again in February 1998, because the mother had yet to find permanent housing, had fled her mother's house several times to avoid verbal abuse, and had left the child with the maternal grandmother on those occasions; her leaving him there had resulted in the child's being physically abused by his older brother.
In October 1998, the mother requested that the child be returned to her; this request was apparently denied. In December 1998, the mother was granted visitation rights. In January 1999, DHR filed a petition to terminate the parental rights of both the mother and the father. After three continuances, the trial court held a final hearing on January 11, 2000. It terminated the parental rights of both parents on January 14, 2000. The mother appeals.
"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 conduc
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