Collins v. Lowndes County Public Welfare Dept., 89-CA-0471
| Decision Date | 13 December 1989 |
| Docket Number | No. 89-CA-0471,89-CA-0471 |
| Citation | 555 So.2d 71 |
| Parties | Debra COLLINS v. LOWNDES COUNTY PUBLIC WELFARE DEPARTMENT. |
| Court | Mississippi Supreme Court |
Donna S. Smith, Columbus, for appellant.
No brief filed for appellee.
Before ROY NOBLE LEE, C.J., and SULLIVAN and PITTMAN, JJ.
The Lowndes County Public Welfare Department, on October 18, 1988, petitioned pursuant to Miss.Code Ann. Sec. 43-21-309 (Supp.1989) that a shelter hearing be held for the purpose of finding if there was probable cause for a hearing on the merits as to whether M.P., now aged 2 years 10 months, and C.C., now aged 19 months, were neglected children. Debra Collins, the mother of the children, was separated at the time from her husband, Michael, who was the father of C.
The shelter hearing was held on October 19, 1988. There was testimony that the children had an unusually high number of preventable accidents, that C. suffered from a yeast infection/diaper rash which had not been properly treated, and that the man who lived with Mrs. Collins and the children physically abused her and the children. Mrs. Collins denied or rebutted all these allegations. At the close of the hearing the judge found that there was probable cause that the allegations were true, and placed the children in the custody of Russell and Martha Poole, the father and stepmother of Mrs. Collins, until November 8, 1988, when a hearing could be held on the merits.
The adjudicatory hearing was held on November 9, 1988. Mrs. Collins was present and represented by counsel. The trial court failed at the outset of the hearing to explain all rights as mandated by Miss.Code Ann. Sec. 43-21-557(1)(e) (1972). Counsel for Mrs. Collins did not object to this omission. Much of the testimony was repetitive of what was given at the shelter hearing. Russell and Martha Poole, father and stepmother of Mrs. Collins, testified that M. had spent approximately half his life with them, by the mutual agreement of the Pooles and Mrs. Collins. Mrs. Collins testified that her husband gave her approximately $100 per month child support when he could, that Medicaid paid the children's doctor bills, and that she received food stamps and $120 per month through ADC, and that she received a salary of $130-140 per month working as a waitress. Mrs. Collins also testified as to day care arrangements she had attempted to make. Michael Collins, father of C., was present at this hearing, but was not called to testify.
I.
The trial court found that the children were neglected, and placed the children in the custody of their grandparents for a period not to exceed three months. Mrs. Collins was to receive counseling and attend parenting classes, and was allowed liberal visitation rights. On November 21, 1988, Collins filed a Motion to Reconsider, alleging that neglect had not been proved by a preponderance of the evidence. The Motion was denied.
The trial court allowed appeal without prepayment of costs and expenses but denied supersedeas.
When a Youth Court makes an adjudication of neglect, this Court considers all the evidence before the Youth Court in the light most favorable to the State. In Interest of M.R.L., 488 So.2d 788, 791 (Miss.1986). If the evidence so considered is opposed to the finding of the Youth Court with such force that "reasonable men" could not...
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