L.M. v. Jefferson County Dep't of Human Res..

• Decision Date: 18 February 2011
• Docket Number: 2091011.
• Citation: 68 So.3d 859
• Parties: L.M.v.JEFFERSON COUNTY DEPARTMENT OF HUMAN RESOURCES.
• Court: Alabama Court of Civil Appeals

68 So.3d 859

L.M.

v.JEFFERSON COUNTY DEPARTMENT OF HUMAN RESOURCES.

2091011.

Court of Civil Appeals of Alabama.

Feb. 18, 2011.

Harry A. Drasutis, Birmingham, for appellant.Sharon E. Ficquette, gen. counsel, and Michael A. Nunnelley, staff atty., Department of Human Resources, for appellee.MOORE, Judge.

L.M. (“the mother”) appeals from a judgment of the Jefferson Juvenile Court determining that she had abandoned her children, K.M. and J.M. (“the children”), and, thus, relieving the Jefferson County Department of Human Resources (“DHR”) of making reasonable efforts to reunite her with the children. We affirm.

Relevant Procedural History ¹

On March 16, 2007, DHR filed petitions alleging that the children were dependent. On May 31, 2007, the juvenile court entered a judgment finding the children dependent, awarding custody of the children to the mother, and ordering the mother to submit to a drug screening and a substance-abuse assessment. After the mother continued to test positive for drugs, the juvenile court held a shelter-care hearing on March 5, 2008, and entered an order that same day finding the mother in contempt of court and ordering her incarcerated for five days. On March 12, 2008, the juvenile court entered an order noting that the children had been previously determined to be dependent, awarding custody of the children to DHR, and awarding the mother supervised visitation.

On January 13, 2010, the juvenile court conducted a compliance/dispositional and permanency hearing. Thereafter, on January 19, 2010, the juvenile court entered an order noting, among other things, that DHR's permanency plan remained to return the children to the mother; that DHR had requested that the juvenile court relieve it from making reasonable efforts to reunite the mother with the children because the mother had abandoned the children; and that, other than a brief telephone call in December 2009, the mother had had no meaningful contact with the children since June 2009. The juvenile court reserved ruling on DHR's request and it scheduled a compliance/dispositional hearing for June 16, 2010. At the June 16, 2010, hearing, DHR again moved the juvenile court to find that the mother had abandoned the children. The juvenile court noted that it would hear that motion at a review hearing on June 30, 2010. Apparently, however, at the June 30, 2010, hearing, the mother's attorney objected to DHR's oral motion and requested that the court require DHR to file a written motion requesting a finding of abandonment. That same day, DHR filed a written “Motion to Adjudicate Abandonment.” A hearing was held on DHR's motion on July 15, 2010, and a judgment was entered that same day granting DHR's motion and relieving DHR from making further reasonable efforts at reunification. The mother filed her notice of appeal on July 21, 2010.

Discussion

Initially, we note that the juvenile court's July 15, 2010, judgment finding that the mother had abandoned the children and relieving DHR from making further reasonable efforts at reunification is a final judgment that will support an appeal. See M.H. v. Jefferson County Dep't of Human Res., 42 So.3d 1291, 1293 (Ala.Civ.App.2010) (“In D.P.

[ v. Limestone County Department of Human Resources, 28 So.3d 759, 764 (Ala.Civ.App.2009),]

this court held that a permanency order relieving DHR of the duty to use reasonable efforts to reunite a parent with a dependent child constitutes a final judgment that will support an appeal.”); and D.P. v. Limestone County Dep't of Human Res., 28 So.3d 759, 764 (Ala.Civ.App.2009) (“We hold that it is immaterial, for purposes of finality and appealability, that a juvenile court's order emanates from the permanency-plan hearing rather than from the periodic review of a dependency determination. If the order addresses crucial issues that could result in depriving a parent of the fundamental right to the care and custody of his or her child, whether immediately or in the future, the order is an appealable order.”). Thus, we will proceed to address the merits of the mother's appeal.

On appeal, the mother first argues that the juvenile court erred in entering its judgment relieving DHR of its duty to make reasonable efforts at reunification because, she says, DHR failed to present evidence indicating that the abandonment was voluntary and intentional. We note that the mother's argument challenges the sufficiency of the evidence to support the juvenile court's judgment; however, the juvenile court did not make any specific findings of fact in its judgment and the mother failed to file a postjudgment motion challenging the sufficiency of the evidence. In New Properties, L.L.C. v. Stewart, 905 So.2d 797, 801–02 (Ala.2004), our supreme court held: “[I]n a nonjury case in which the trial court makes no specific findings of fact, a party must move for a...