State Dept. of Human Resources v. Thomas
| Decision Date | 08 November 1989 |
| Citation | 554 So.2d 1063 |
| Parties | STATE DEPARTMENT OF HUMAN RESOURCES v. Maggie THOMAS. (In re Darnell THOMAS). Civ. 7093. |
| Court | Alabama Court of Civil Appeals |
William Prendergast and Coleman Campbell, Asst. Attys. Gen., and Lynn S. Merrill, Spec. Asst. Atty. Gen., for appellant.
Kin Brown of Landreau & Brown, Phenix City, for appellee.
The Russell County Department of Human Resources filed a petition to terminate the parental rights of Maggie Thomas to her son, Darnell. After an ore tenus proceeding, the trial court terminated all legal rights of the mother to her child and granted temporary custody to the department to "make an effort to place said child with his maternal grandmother, Lucille Thomas."
The department appeals and asserts that the trial court abused its discretion in awarding only temporary custody to the department and ordering it to attempt placement with the maternal grandmother as a relative resource. The department contends that the trial court's order is inconsistent with the concurrent termination of Maggie Thomas's parental rights.
In order to terminate parental rights, the trial court must make several findings. First, the trial court must determine that the child is dependent, based on clear and convincing evidence. Second, the trial court must find that there exists no viable alternative to termination of the mother's custodial rights. Wallace v. Jefferson County Department of Pensions & Security, 501 So.2d 473 (Ala.Civ.App.1986). Here, the trial court terminated the mother's parental rights, granted temporary custody to the department, and then ordered the department to attempt placement with the maternal grandmother. The trial court's order indicates that it found the maternal grandmother to be an alternative to termination. Such a finding is inconsistent with the application of the two-pronged requirement. Matter of Grayson, 419 So.2d 234 (Ala.Civ.App.1982).
The trial court's finding is additionally inconsistent with § 26-18-8, Ala.Code 1975, which provides that, once a trial court terminates the parent's parental rights, it may either "transfer the permanent legal custody of the child to the department," which means that the department "shall have authority to make permanent plans for the child," or it may transfer permanent custody to a relative, who after study by the department is found to be able to properly receive and care for the child. The Child Protection Act, § 26-18-1 thr...
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EX PARTE STATE DEPT. OF HUMAN RESOURCES
... ... 2 The order of the trial court terminating a parent's rights to her child once affirmed on appeal is permanent. State Dep't of Human Res. v. Thomas, 554 So.2d 1063 (Ala.Civ.App.1989) (holding that Child Protection Act provides for permanent placement and permanent custody of child once parental rights have been terminated) ... Because of the finality of a trial court's determination to terminate a parent's rights, the ... ...
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S.H. v. Macon Cnty. Dep't of Human Res.
...195 So.3d 311S.H.v.MACON COUNTY DEPARTMENT OF HUMAN RESOURCES.2140528 ... 2140530.Court of Civil Appeals of Alabama.Oct. 9, 2015.195 ... State, 563 So.2d 1059, 1061 (Ala.Civ.App.1990) (citing Tidwell v. Tidwell, 496 ... See State Dep't of Human Res. v. Thomas, 554 So.2d 1063, 1064 (Ala.Civ.App.1989) (finding that the judgment in ... ...
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Marshall Cnty. Dep't of Human Res. v. M.B., 2131026 and 2140165.
... ... et al.Ex parte Marshall County Department of Human Resources.(In re L.B., a minor child, et al.). 2131026 and 2140165.Court of Civil ... The juvenile court could not award the State DHR or the Madison County DHR only temporary legal custody of the child. ee State Dep't of Human Res. v. Thomas,554 So.2d 1063, 1064 (Ala.Civ.App.1989)(finding that the judgment in that ... ...
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Ex parte Ala. Dep't of Human Res., 2120852
...154 So.3d 1060Ex parte ALABAMA DEPARTMENT OF HUMAN RESOURCES.(In re The matter of M.L.K., a minor child).Ex parte Madison County ... 2120852, the Alabama Department of Human Resources (the State 154 So.3d 1062DHR) seeks review of separate permanency orders entered by ... See State Dep't of Human Res. v. Thomas, 554 So.2d 1063, 1064 (Ala.Civ.App.1989) (finding that the judgment in ... ...