G.S. v. Cullman Cnty. Dep't of Human Res.

• Decision Date: 20 October 2017
• Docket Number: 2160374,2160359,2160375,2160360,2160361,2160362,2160376,2160377
• Citation: 253 So.3d 383
• Parties: G.S. v. CULLMAN COUNTY DEPARTMENT OF HUMAN RESOURCES D.Je.S. v. Cullman County Department of Human Resources
• Court: Alabama Court of Civil Appeals

253 So.3d 383

G.S.

v.CULLMAN COUNTY DEPARTMENT OF HUMAN RESOURCES

D.Je.S.

v.Cullman County Department of Human Resources

2160359

2160360

2160361

2160362

2160374

2160375

2160376

2160377

Court of Civil Appeals of Alabama.

October 20, 2017

Sarah Sparks, Cullman, for appellant G.S.

Nathan A. Brock, Cullman, for appellant D.Je.S.

Steve Marshall, atty. gen., and Sharon E. Ficquette, gen. counsel, and Elizabeth L. Hendrix, asst. atty. gen., Department of Human Resources, for appellee.

PITTMAN, Judge.

In these consolidated appeals, G.S. ("the mother") and D.Je.S. ("the father") appeal from judgments of the Cullman Juvenile Court ("the juvenile court") terminating their parental rights to their four children, namely, D.Ja.S. ("the oldest child"), a son born in May 2000; W.J.S. ("the second-born child"), a son born in July 2001; S.E.S. ("the third-born child"), a son born in December 2003; and J.K.S. ("the youngest child"), a son born in November 2005.

Procedural History

In November 2012, the juvenile court found the children to be dependent and awarded the Cullman County Department of Human Resources ("DHR") temporary custody of the children. In March 2016, DHR filed petitions seeking the termination of the mother's and the father's parental rights to each of the children. In January 2017, the juvenile court tried all four termination-of-parental-rights actions together. Later that same month, the juvenile court entered separate judgments in each of the actions terminating the mother's and the father's parental rights to each of the children. The mother and the father each filed postjudgment motions, which were denied by operation of law. Thereafter, the mother and the father each timely appealed to this court. A licensed court reporter recorded the trial stenographically and transcribed it, and the record contains the transcript. Therefore, this court has jurisdiction over these appeals pursuant to Rule 28(A)(1)(c)(ii), Ala. R. Juv. P.

Pertinent Evidence

The mother, the father, and the four children lived in Morgan County from 2005 through 2011 before moving to Cullman County in 2012. Regarding the period from 2005 through 2011, the mother testified:

"Q. [By DHR's counsel:] Okay. Now, we have a report from Morgan County. Were those—were y'all in the—were you and the children in an abusive relationship with [the father] then from 2005 through 2011 where those reports were?

"A. Yes.

"Q. And were both of y'all involved in drug use then, 2005 through 2011?

"A. Yes."

Regarding the period before November 2012, the father testified:

"Q. [By the father's counsel:] Okay. How has your behavior changed since 2012 when your kids were taken from you by DHR?

"A. Well, back then, all I could think about—I was—now, I was doing what I could to meet their needs, but I was also thinking more of my wants, which was the drug abuse.

"....

"Q. [By DHR's counsel:] Yeah. Okay. But during that period of time, that was most important to you? I think you've testified to that. That was primary on your mind?

"A. When you're hooked on something, it's hard to get away from it.

"Q. Yeah.

"A. I was very hooked on drugs at that point in time.

"Q. How often were y'all using at that point?

"[By the mother's counsel]: Objection to the word y'all.

[By DHR's counsel]: You can object all you want to. He knows whether they were using or not.

"THE COURT: I'm going to allow it.

"A. Do I need to say y'all as we were in a whole?

"Q. (By [DHR's counsel] ) Yeah, I want you to answer for you and [the mother].

"A. At the time we were using when we lived in Cullman County—now, I'm not talking about Holly Pond.

"Q. Holly Pond is in Cullman County?

"A. We wasn't using in Holly Pond.

"Q. Okay.

"A. We lived down here off 31 in a trailer park in Cullman.

"Q. Okay.

"A. We would—it was in spurts. Sometimes it would be a week-long thing, maybe two-weeks thing and sometimes it would go two or three months without using.

"Q. On using, would you use during those periods—you said a week, sometimes two weeks. Would you use everyday?

"A. Not everyday, no.

"Q. Okay.

A. We didn't have to use everyday when you did meth[amphetamine].

"Q. Okay. How long would the thrill from that last typically?

"A. A day, two days.

"Q. Okay.

"A. It depends on the drug.

"Q. And did—during those periods of times, would she use each time you did?

"A. We used together, yes.

"Q. Okay. Were there any times you were using that she wasn't using?

"A. When we were arguing, yes.

"Q. Was there sometimes she was using and you weren't using?

"A. Yes.

"Q. And did she use marijuana a lot?

"A. We was on meth[amphetamine]. We didn't use no marijuana at that time. That was a long time ago.

"Q. And then later on, did she use marijuana more?

"A. Like I said, we were on meth[amphetamine]. Marijuana wasn't in the picture.

"Q. Okay. Did you ever see her smoke marijuana at all?

"A. When we lived by my daddy, we smoked it together.

"Q. Okay. Did you ever see her smoke it with any of the children?

"A. Yes, I did.

"Q. Which children was that?

"A. [The third-born child and the second-born child].

"Q. Okay.

"A. And I think [the oldest child] might have tried it and throwed it down."

In November 2012, the oldest child's school reported to DHR that the father might have physically abused the oldest child and the youngest child, and DHR investigated the report. Certified copies of court records evidencing the father's criminal record before November 2012 were introduced into evidence without objection. Those records established that the father had been convicted on two charges of third-degree domestic violence based on an incident in 2009 in which he had hit the mother; had hit D.S. ("the paternal grandfather"), the children's paternal grandfather; and had fired a shotgun. Those records also established that, in 2012, the father had been convicted of driving under the influence. In addition, those records established that, in 2012, the mother had filed an action seeking a protection-from-abuse order against the father, although that action was subsequently dismissed at her request. After investigating the November 2012 report from the oldest child's school, DHR removed the children from the custody of the mother and the father and filed dependency petitions. The juvenile court found the children to be dependent and awarded DHR temporary custody of the children.

DHR initially placed the children in a single foster home; however, the children engaged in physical fights with one another and had to be separated and placed in therapeutic foster homes. The oldest child and the youngest child were placed in one therapeutic foster home, while the second-born child and the third-born child were placed in another. While the children were in therapeutic foster homes, counselors associated with those therapeutic foster homes counseled the children. In addition, DHR arranged for Greg Graham, a licensed professional counselor, to counsel the children. Christy Webb, the DHR caseworker who handled the children's cases from August 2013 to May 2014, testified that, while the oldest child and the youngest child were in the same therapeutic foster home, there had been frequent conflict and physical fighting between them and that the youngest child had head-butted the foster mother and had hit the foster mother's adult son.

In February 2013, the mother and the father each submitted lists of possible relative resources. The mother's list named V.O. ("the maternal grandmother"), the children's maternal grandmother, who lived in Mississippi; A.L., one of the children's maternal aunts, who also lived in Mississippi; T.O., another of the children's maternal aunts, who lived in Alaska; and D.A.M., the mother's stepmother, who lived in Alabama. In addition, she listed her father, who she stated was deceased, and two maternal uncles of the children, who she stated were "unavailable." She did not list any contact information for the two maternal uncles. The father listed the paternal grandfather and his wife; J.F.B., the children's paternal grandmother; T.S., J.W.S., D.M.S., and W.D.G., who were the children's paternal uncles; and J.S., one of the children's paternal aunts. All the relatives listed by the father lived in Alabama.

Webb testified that she had investigated the possibility of placing the children temporarily with the mother's and the father's relatives. She testified that she had rejected the maternal grandmother as a relative resource for temporary placement of the children and explained why:

"Q. [By DHR's counsel:] All right. And did you make any determination while you were working the case about their—them being suitable to have the children?

"A. [The maternal grandmother] was a real doubt because I ... gave [the maternal grandmother] a drug screen in August of 2013 and she tested positive for marijuana. She also had reports in Morgan County of an indicated report of her smoking marijuana with [the mother] when [the mother] was fifteen years old. There is also another indicated report of [the maternal grandmother] putting the kids at harm due to her drinking and her boyfriend's drinking. And then there was also reports of [the maternal grandmother's] children seeing violence between her and her husband when she was trying to harm him. So we ruled her out because of that current drug screen that I gave her and that report she'd had of marijuana."

The mother testified that the husband of A.L., the maternal aunt who lived in Mississippi, did not want the children to live with them.

Webb testified that, in October 2013, T.O., the children's maternal aunt who lived in Alaska, had contacted Webb and had expressed an interest in having the children temporarily placed with her; however, T.O. informed Webb that she was then living in a one-bedroom house but was about to move into a bigger house. T.O. and Webb agreed that, after T.O. had moved into a bigger house, she would contact Webb about requesting that a home study be performed by DHR's counterpart in Alaska pursuant to the Interstate Compact on the Placement of Children ...