Ex parte C.R.

• Docket Number: CL-2022-1125,CL-2022-1126,CL-2022-1127
• Decision Date: 23 June 2023
• Parties: Ex parte C.R. and L.S. v. In re: V.R. and J.R. v. C.R. and L.S. Ex parte C.R. In re: V.R. and J.R. v. C.R. and L.S. Ex parte C.R. and L.S. In re: V.R. and J.R. v. C.R. and L.S.
• Court: Alabama Court of Civil Appeals

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Ex parte C.R. and L.S.

In re: V.R. and J.R. v. C.R. and L.S.

Ex parte C.R.

In re: V.R. and J.R. v. C.R. and L.S.

Ex parte C.R. and L.S.

In re: V.R. and J.R. v. C.R. and L.S.

Nos. CL-2022-1125, CL-2022-1126, CL-2022-1127

Alabama Court of Civil Appeals

June 23, 2023

Madison Juvenile Court, JU-22-754.01, JU-22-755.01 JU-22-756.01

PETITION FOR WRIT OF MANDAMUS

PER CURIAM

C.R ("the mother") and L.S. filed petitions for writs of mandamus, seeking our review of orders entered by the Madison Juvenile Court ("the juvenile court") regarding L.J. (born in 2010), A.S. (born in 2020), and C.S (born in 2021).

Factual Background and Procedural History

The materials that have been submitted to this court reveal the following facts. On September 2, 2022, V.R. and J.R. ("the maternal grandparents") filed a motion in the juvenile seeking an ex parte order granting them temporary custody of L.J., A.S., and C.S. ("the children") on an emergency basis and a verified petition seeking to have the children declared dependent. In the petition, the maternal grandparents alleged that the mother had sole physical custody of the children; that the mother was living with L.S., the legal father of A.S. and C.S.; that L.S. had been arrested for domestic violence after striking the mother; that L.S.'s domestic-violence charge was pending before the district court; that L.S. had threatened to kill the mother and her family; that the mother had filed a protection-from-abuse petition against L.S.; that the mother had withdrawn the protection-from-abuse petition and continued to live with L.S.; that L.S. has multiple felony arrests; and that L.S. had threatened to abscond with the children. Although the maternal grandparents filed a single petition, a separate action was created for each child: case no. Ju-22-754.01 for A.S., case no. JU-22-755.01 for L.J., and case no. JU-22756.01 for C.S.

On the same day the petition was filed, the juvenile court entered an emergency pickup order for each of the children, determining that the children were in danger of bodily harm. The pickup orders placed the children with the maternal grandparents. The juvenile court set the matters for a shelter-care hearing on September 12, 2022. On September 8, 2022, the juvenile court appointed a guardian ad litem for the children. At some point, the juvenile court involved the Court Appointed Juvenile Advocate ("CAJA") program of Madison County. Following the hearing on September 12, 2022, the juvenile court entered orders on September 12, 2022, that effectively left the emergency pickup orders in place. The juvenile-court judge then recused himself and another juvenile-court judge was appointed to hear the cases. On September 14, 2022, L.S. filed a motion for emergency custody or, in the alternative, visitation. On September 16, 2022, the juvenile court entered an order setting the cases for a hearing on October 6, 2022.

On September 21, 2022, the guardian ad litem filed a motion stating that she was not opposed to supervised visitation for the mother and L.S. On September 22, 2022, L.S. filed a motion for a transcript of the September 12, 2022, hearing, which the juvenile court granted. The juvenile court entered an order allowing the mother and L.S. supervised visitation. According to the maternal grandparents, on October 3, 2022, the transcript from the September 12, 2022, hearing was made available to the parties. On October 5, 2022, the CAJA circulated a report regarding the children. That same day, L.S. moved to strike the report. On October 6, 2022, the juvenile court held a hearing on the pending matters. On October 7, 2022, the juvenile court ordered the mother and L.S. to complete a drug screening.

On October 10, 2022, the juvenile court entered an order finding that L.J. was dependent. The order provided, in pertinent part, as follows:

"1. This child meets the definition of a Dependent Child as defined in Alabama Code [1975 §] 12-15-102.

"2. The best interests of the child require entry of this Order.

"3. The child is presently in the emergency custody of the petitioners, [the maternal grandparents,] through court order, the child has been placed in the physical custody of her father [B.J.] by agreement of the [maternal grandparents].

"4. The mother of the child has the physical custody of the child through a divorce action and when questioned by this Court, the mother's attorney would not agree to an informal placement of the child with the father pending the hearing for modification in the circuit courts.

"5. Upon testimony taken and drug testing results the court does find that a Pendente Lite Order is needed in this cause due to the mother's alcohol use, the mother's live-in boyfriend's [L.S.'s] drug usage and the violence occurring in the home.

"6. Given the conditions in the mother's home and the fact that the mother has primary physical custody of the child, the Court does find that the child is dependent and that the return of the child to the mother's home would not be in the child's best interest.

"7. Therefore, physical custody is to be vested with the father of the child pending further court order."

The juvenile court went on to grant the mother visitation with L.J., to be supervised by B.J. (the mother's ex-husband and L.J.'s father), the maternal grandparents, or another responsible adult agreed to by the parties. The juvenile court prohibited L.S. from attending any of the mother's visitations with L.J. If the parties could not agree to appropriate times and places for the mother's visitations, the juvenile court ordered that the mother would have visitation on the first, third, and fifth Saturdays of the month from 12:00 p.m. until 3:00 p.m.

On October 13, 2022, the juvenile court entered orders^[1] regarding A.S. and C.S. that provide, in pertinent part:

"1. This child may meet the definition of a Dependent Child as defined in Alabama Code [1975, §] 12-15-102, due to the alcohol use of the mother, the drug use of the father and the violence in the home.

"2. The best interests of the child require entry of this temporary Order.

"3. The child is presently in the immediate care and control of [the maternal grandparents] through emergency court order.

"It is therefore ordered, adjudged, and decreed by the Court as follows:

"1. Temporary Legal and Physical Custody Pendente Lite of the minor child is hereby vested with the [maternal grandparents].

"2. [The maternal grandparents] shall have full authority to consent to any emergency medical procedure and/or treatment to be performed on the child that they and the child's physician or physicians deem necessary. The [maternal grandparents] are to notify the parents of all routine medical visits so the parents may attend those so long as all parties remain civil during the medical visit.

"3. The visitation will be supervised by the [maternal grandparents] or another adult as they appoint. If the parties cannot agree on the supervisor for visitation, the parties may access one of the local professional organizations that provide such a service. If a professional service must be employed it will be done at the parents' expense.

"4. The parents shall enjoy at least two hours of in person visitation each week and may schedule more so long as the parties agree. If the parties cannot agree on a time, visitation shall occur on Saturday from 1:00 [p.m.] until 3:00 p.m. at a minimum. If the parties must use a professional organization to supervise, visitation will occur at a time that such organization can schedule with the parents and the organization shall notify the grandparents of the time scheduled at least 24 hours in advance. The visitation may be stopped if the parents become combative or argumentative with the supervisors.

"5. The parents are allowed to access ZOOM, [videoconferencing service,] or some other form of electronic visitation with the child at least four days of the week in which they do not have in person visitation. The parties are to agree on a reasonable time in the early evening to make the child available for such visitation.

"6. The father is to take ... and complete domestic violence offender classes prior to the final hearing in this cause.

"7. The mother shall attend a substance abuse assessment to determine if any program is recommended to address her alcohol consumption. If one is recommended, she must complete the recommended program.

"8. Both parents are to enroll in color code [drug testing], the Madison County Department of Alternative Sentencing, with their color being Gold at this time. Color code testing will be at the parents' expense.

"9. Due to the requirements of the parents outlined in this Order and the expenses that these entail, no child support is ordered at this time.

"10. If the Department of Human Resources opens their case to services, the above services may be completed through programs recommended by the Department so long as releases are signed by the parents for the Guardian ad Litem and CAJA in this cause.

"11. The case is set for review on the 1st of February 2023, at 2:00 p.m. in the courtroom of the undersigned judge to review the parent's compliance with the above Court Order."

On October 28, 2022, the mother and L.S. filed petitions for writs of mandamus, challenging the juvenile court's orders dated September 12, 2022, October 10, 2022, and October 13, 2022.

Discussion

September 12, 2022, orders (appellate case nos. CL-2022-11215, CL- 2022-1126, and CL-2022-1127)

The mother and L.S. challenge the September 12, 2022, orders arguing that the juvenile court erred in failing to hold a hearing within 72 hours of the emergency pickup orders and that the juvenile court erred in failing to dismiss the dependency petitions...