A.K. v. Henry County Department of Human Resources

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Rel: 7/29/2011 Notice: T h i s o p i n i o n i s s u b j e c t t o f o r m a l r e v i s i o n b e f o r e p u b l i c a t i o n i n t h e advance s h e e t s o f Southern R e p o r t e r . R e a d e r s a r e r e q u e s t e d t o n o t i f y t h e Reporter o f Decisions, Alabama A p p e l l a t e C o u r t s , 300 D e x t e r A v e n u e , M o n t g o m e r y , A l a b a m a 3 6 1 0 4 - 3 7 4 1 ((334) 2 2 9 - 0 6 4 9 ) , o f a n y t y p o g r a p h i c a l o r o t h e r e r r o r s , i n o r d e r t h a t c o r r e c t i o n s may b e made b e f o r e t h e o p i n i o n i s p r i n t e d i n Southern R e p o r t e r . ALABAMA COURT OF CIVIL APPEALS SPECIAL TERM, 2011 2100313 A.K. v. Henry County Department o f Human Resources Appeal from Henry J u v e n i l e Court (JU-2009-49.02) PITTMAN, A.K. Juvenile ("the Judge. ("the m o t h e r " ) Court child"). appeals terminating from a judgment her parental rights o f t h e Henry a s t o N.K. 2100313 The Henry c h i l d was b o r n o n M a r c h 2 9 , 2 0 0 9 . On May 7, 2 0 0 9 , t h e County Department o f Human neglect. A s a r e s u l t o f DHR's i n v e s t i g a t i o n , DHR i m p l e m e n t e d included receiving placing a report became i n this that after ("DHR") involved a safety plan matter Resources the c h i l d of i n the custody o f h i s m a t e r n a l g r a n d m o t h e r ; t h e m o t h e r was a l s o l i v i n g home of the maternal grandmother. child I n May 2 0 0 9 , DHR i n the and t h e m o t h e r c o l l a b o r a t e d t o d e v e l o p an I n d i v i d u a l i z e d S e r v i c e ("ISP") 2009 f o r t h e m o t h e r . The s a f e t y p l a n was t e r m i n a t e d i n J u n e after violated and the maternal placed in entered rights on appealed. present 1 foster and was t h e n care. On Following September On clear 8, appeal, terminating 7, dependent 2010, t h e mother's mother thereafter t h e mother argues that evidence DHR the juvenile 2 0 1 0 . The and c o n v i n c i n g had r i g h t s t e r m i n a t e d as an o r e t e n u s h e a r i n g , a judgment December t h e mother adjudicated t o have t h e mother's p a r e n t a l the c h i l d . court grandmother i t s t e r m s . The c h i l d petitioned to Plan DHR sufficient parental timely d i d not to support The j u v e n i l e - c o u r t j u d g e c e r t i f i e d t h e r e c o r d as a d e q u a t e f o r a p p e l l a t e r e v i e w p u r s u a n t t o R u l e 2 8 ( A ) ( 1 ) ( a ) , A l a . R. J u v . P. 1 2 2100313 the juvenile court's termination of the mother's parental rights. The standard reviewing rights proceedings and review the p r o p r i e t y i s well correct of when to of applied decisions established. terminate the d e c i s i o n by "The parental i s based appellate to terminate trial court's rights upon State D e p ' t o f Human R e s . , 624 (Ala. be s e t a s i d e wrong." court's and t o a s s e s s F a n n , 810 unique their So. 2d 631, 633 2001). This to be S o . 2 d 5 8 9 , 593 ( A l a . p o s i t i o n to d i r e c t l y observe the witnesses Ex p a r t e to in evidence, and p a l p a b l y 1 9 9 3 ) . T h a t " p r e s u m p t i o n i s b a s e d on t h e t r i a l demeanor and c r e d i b i l i t y . " decision ore tenus o n l y i f t h e r e c o r d s h o w s i t t o be p l a i n l y in parental i s presumed s u c h a d e c i s i o n b a s e d upon such e v i d e n c e w i l l Ex p a r t e courts court terminate has explained parental rights the j u v e n i l e court's as f o l l o w s : "'The right to maintain family i n t e g r i t y i s a fundamental r i g h t protected b y t h e due p r o c e s s requirements of the Constitution. Pursuant to this right, Alabama c o u r t s r e c o g n i z e a presumption t h a t parental custody will be i n the best interests of a c h i l d . This prima facie r i g h t of a parent to the custody of h i s or h e r c h i l d c a n o n l y be o v e r c o m e b y c l e a r a n d c o n v i n c i n g evidence t h a t permanent removal 3 authority 2100313 f r o m t h e p a r e n t ' s c u s t o d y w o u l d be i n t h e c h i l d ' s best i n t e r e s t . . . . In making t h a t determination, the court must consider whether the parent i s physically, f i n a n c i a l l y , and m e n t a l l y able t o care f o r the c h i l d . I f t h e c o u r t f i n d s from c l e a r and c o n v i n c i n g e v i d e n c e t h a t t h e p a r e n t i s unable or u n w i l l i n g to discharge h i s orher r e s p o n s i b i l i t i e s t o and f o rt h e c h i l d , h i s or her parental rights can then be terminated ' "Bowman v . S t a t e D e p ' t o f Human R e s . , 534 S o . 2 d 3 0 4 , 305 ( A l a . C i v . A p p . 1 9 8 8 ) ( c i t a t i o n s o m i t t e d ) . The trial court's decision to terminate parental r i g h t s , w h i c h i s b a s e d on e v i d e n c e p r e s e n t e d o r e t e n u s , i s p r e s u m e d c o r r e c t a n d w i l l be r e v e r s e d o n l y if the record demonstrates that the d e c i s i o n i s unsupported by t h e evidence and i s p l a i n l y and p a l p a b l y w r o n g . R.B. v . S t a t e D e p ' t o f Human R e s . , 669 S o . 2 d 187 ( A l a . C i v . A p p . 1 9 9 5 ) . "To t e r m i n a t e p a r e n t a l r i g h t s , t h e t r i a l court must first determine from c l e a r and convincing e v i d e n c e t h a t t h e c h i l d i s d e p e n d e n t . S.F. v . D e p ' t o f Human R e s . , 68 0 S o . 2 d 346 ( A l a . C i v . A p p . 1 9 9 6 ) . The trial court must t h e n determine that there exists no a l t e r n a t i v e t o t e r m i n a t i o n . L.A.G. v . S t a t e D e p ' t o f Human R e s . , 681 S o . 2 d 596 ( A l a . C i v . App. 1996)." M.W. 86 v . H o u s t o n C n t y D e p ' t o f Human R e s . , ( A l a . C i v . App. 2000). The parent's 319, 773 So. 2d 4 8 4 , 485¬ juvenile court's parental rights decision i s guided whether to terminate b y A l a . Code 1 9 7 5 , § 12-15¬ w h i c h b e c a m e e f f e c t i v e J a n u a r y 1, 2 0 0 9 . S e c t i o n provides, i n pertinent part, as f o l l o w s : 4 a 12-15-319 2100313 "(a) I f t h e j u v e n i l e c o u r t f i n d s f r o m c l e a r and convincing evidence, competent, material, and r e l e v a n t i n nature, t h a t the parents of a c h i l d are unable or unwilling to discharge their r e s p o n s i b i l i t i e s t o and f o r t h e c h i l d , or t h a t t h e conduct or c o n d i t i o n of the p a r e n t s r e n d e r s them u n a b l e t o p r o p e r l y c a r e f o r t h e c h i l d and t h a t t h e conduct or c o n d i t i o n i s u n l i k e l y t o change i n the f o r e s e e a b l e f u t u r e , i t may terminate the p a r e n t a l r i g h t s of the p a r e n t s . In d e t e r m i n i n g whether or not the p a r e n t s are unable or u n w i l l i n g to d i s c h a r g e t h e i r r e s p o n s i b i l i t i e s t o and f o r t h e c h i l d and t o terminate the p a r e n t a l r i g h t s , the j u v e n i l e c o u r t s h a l l c o n s i d e r the f o l l o w i n g f a c t o r s i n c l u d i n g , but not l i m i t e d t o , the f o l l o w i n g : "(2) Emotional illness, mental illness, or mental deficiency of the parent, or e x c e s s i v e use of a l c o h o l or c o n t r o l l e d substances, of a d u r a t i o n or n a t u r e as t o r e n d e r t h e p a r e n t u n a b l e t o c a r e f o r the needs of the c h i l d . "7) That r e a s o n a b l e efforts by the D e p a r t m e n t o f Human R e s o u r c e s o r l i c e n s e d public or private child care agencies l e a d i n g toward the r e h a b i l i t a t i o n of the p a r e n t s have f a i l e d . fl "(9) F a i l u r e f o r the m a t e r i a l pay a r e a s o n a b l e c h i l d , where the by t h e p a r e n t s t o p r o v i d e needs of the c h i l d or to p o r t i o n of support of the p a r e n t i s a b l e t o do s o . 5 2100313 "(10) Failure by the parents to m a i n t a i n r e g u l a r v i s i t s w i t h the c h i l d i n accordance with a plan devised by the Department of Human Resources, or any public or licensed private child care a g e n c y , and a g r e e d t o by t h e p a r e n t . "(11) Failure by the parents maintain consistent contact communication w i t h the c h i l d . to or "(12) L a c k o f e f f o r t by t h e p a r e n t t o a d j u s t h i s o r h e r c i r c u m s t a n c e s t o meet t h e needs of the child i n accordance with agreements reached, including agreements reached with local d e p a r t m e n t s o f human resources or licensed child-placing a g e n c i e s , i n an a d m i n i s t r a t i v e r e v i e w o r a j u d i c i a l review." It the i s also child's the parent's suitable well need recognized that, f o r permanency g o o d - f a i t h but parent." M.W., and Houston home a n d also 370 efforts County to 773 visit So. Talledega her 2d but at and had to 2007) (holding that 6 v. overcome (affirming comply failed a p e r i o d longer than C n t y D e p ' t o f Human R e s . ( A l a . C i v . App. 487 ... t o become a o f a m o t h e r who child DHR's r e q u e s t s get a job over s t a b i l i t y must unsuccessful attempts judgment t e r m i n a t i n g p a r e n t a l r i g h t s diligent " [ a ] t some p o i n t , to had made with establish three years); M.E.P., 975 clear and a So. the a see 2d convincing 2100313 evidence mandated children had years and termination already would to stay months because t h e i r p a r e n t s ' had establish a order able to in them and mother's The reestablish a shows filed a of the knowledge, she that or medical familial that and on child, the not that have she as able to required in relationship with of review address the m e r i t s that mother had the mother 2009, the the mother and of she filled. been "the taken would 7 not DHR leave the the the had had not parenting such as child to with seen w a l k i n g heat of had necessities not had maternal lacked basic accordance that both 7, basic had in during May t h a t she prescriptions a stroller weather"; additional drug-related standard we one-half being job, a l l e g i n g that appointments pharmaceutical in that, did clothing, recommendations, reports a the a p p r o p r i a t e report been t a k i n g care diapers for the appeal. record grandmother from get the a f o r e m e n t i o n e d p r i n c i p l e s of law, the care when and d r u g a d d i c t i o n s and home the c h i l d r e n ) . A p p l y i n g rights f o r two foster prevented immediately t o be parental been i n f o s t e r care need incarcerations of medical the child's also received with day" child and the child in "rainy with others 2100313 for extended periods had said child] been she would; present," "smoking and would n o t r e t u r n a t t h e time t h a t she and t h a t had been that because, the maternal with investigation, pursuant indicated, with [the drinking," and had to that s h e was safety plan, a filed, f o r food t h e mother that home, w h e r e t h e As a r e s u l t o f safety the child at the was applying at the time. implemented office report grandmother's the c h i l d DHR i n DHR's DHR b o t h met w i t h the maternal m o t h e r was l i v i n g was grandmother's assistance; and v i s i t e d its t h e mother the evidence stamps o r o t h e r day "out a l l night "partying marijuana." Coincidentally, time she had been plan, was p l a c e d and, i n the c u s t o d y o f t h e m a t e r n a l g r a n d m o t h e r . However, t h a t s a f e t y plan was its terminated after the maternal grandmother violated t e r m s b y a l l o w i n g t h e m o t h e r t o h a v e an u n s u p e r v i s e d visitation boyfriend with the c h i l d i n June 2009, a t t h e home just over overnight of the mother's a month a f t e r then the plan had been p u t i n p l a c e . The 2009, towards I S P , w h i c h DHR a n d t h e m o t h e r h a d d e v i s e d included nine i n an e f f o r t goals that to regain " [ t h emother] c u s t o d y o f [the 8 o n May 1 1 , was to child]." work Those 2100313 goals i n c l u d e d : u n d e r g o i n g b o t h a p s y c h o l o g i c a l e v a l u a t i o n and psychological diploma ("GED"); affordable criminal occasions June DHR to review 25, 2009, general from using equivalency obtaining the a b i l i t y and t o p r o v i d e refraining conduct. a employment; obtaining to the c h i l d and obtaining obtaining housing; parenting child; counseling; safe to provide f o r t h e needs drugs and t h e mother f o r the engaging in different t h e t e r m s o f t h e I S P : on J u n e 11, 2009, 14, 2009, A p r i l on basic five October met and and 13, 2010, and O c t o b e r 6, 2 0 1 0 . When parental had visible the had May care to of supporting had failed that measures w i t h o u t 2010, i t a v e r r e d live an any the mother's that 12 m o n t h s ; unstable life o r t h e ... "progress the c h i l d that the with child"; toward no that self- s i n c e DHR h a d b e g u n w o r k i n g w i t h h e r "[DHR] success," than herself t o make or s t a b i l i t y " 2009; to terminate f o r more "continue[d] means mother i t spetition i n September i n foster sufficiency in filed rights been mother DHR ha[d] including considered relative less drastic placement; and t h a t r e a s o n a b l e e f f o r t s t o r e h a b i l i t a t e the mother had f a i l e d . 9 2100313 The r e c o r d 2010, on a p p e a l i n c l u d e s which report, DHR identified documented ISP and case, mother the that court; that each goal goals had been two other goals A d d i t i o n a l l y , the record caseworker reveals t h a t DHR her goal and c o u n s e l i n g . began r e c e i v i n g t r e a t m e n t had been includes a h e l d on N o v e m b e r 2 9 , 2 0 1 0 , assigned to the to the case, assigned and 2009, but the 2010 h a d b e e n "sporadic was d i a g n o s e d a s h a v i n g c o n c l u d e d t h a t the mother had of undergoing The record from Spectra DHR shows time through at best." In A p r i l a major depressive from mental as a c h i l d , mother 10 that had the November 2010, t h e mother d i s o r d e r , as o f an u n s p e c i f i e d the the mother from t h a t abuse that that testified a v i c t i m of sexual indicated psychological Care i n e i t h e r J u l y or been retardation a caseworker mother's r e c e i p t of treatment report in toward court-referral officer t h e DHR completed evaluation August juvenile 24, testified. The r e c o r d partially opined of the ore tenus hearing which mother's the d a t e d November the mother's e f f o r t s "not completed." during to report completed," but i t noted that transcript the addressed i n her "partially deemed was a DHR and having as s u f f e r i n g s e v e r i t y . The been DHR prescribed 2100313 medication f o r her depression caseworker that but that she d i d n o t t a k e she had r e p o r t e d her medication to the r e g u l a r l y as prescribed. The record also reveals mother had weekly scheduled v i s i t a t i o n that partially the mother sessions. visits were d i d not had that for afternoon because, representatives The r e c o r d her with to bring o f DHR that a l s o i n d i c a t e s t h a t DHR was that not a or not t o be time. testified that child simply had The complete her record her inability been of to attend c a u s e d by undisputedly goal on her shows obtaining 11 a visitations, had "morning and t h a t mother, of person." often visitations lack told transportation s h e was The report be m o v e d t o t h e had p r o v i d e d f o r the v i s i t a t i o n s up the the the mother the mother picked visitation to l o c a t i o n s a.m., to ready the shows her that alleged, she record specifically, requested report the had r e s c h e d u l e d the c h i l d s c h e d u l e d f o r 8:30 the the The attend DHR that attending of the c h i l d . mother; had concluded goal consistently the the mother w h i c h were o r i g i n a l l y DHR indicates that offered convenient stated completed DHR's r e p o r t and that late however, with the transportation. that the mother d i d not GED. The record further 2100313 reveals the that, although caseworker t h e mother d i d e n r o l l testified that, t o h e r knowledge, "had ... a t t e n d e d n o t o n e c l a s s , " show up further [the she when testified caseworker] was] d o i n g lesson." interest the mother actually was that that about over." would [ s h e was] g o i n g that a GED c o u r s e had nonetheless t h e mother The 2 constantly t h e mother had expressed on t h e I n t e r n e t l e d her to believe the GED c l a s s e s ... would [of testified but that "that s h e was contains she had t r i e d the say about record mother had [herb]ecause contains not she had "worr[ied] on t h e to attend about what people her] l i f e . " The but that that [that she was] d o i n g h e r g o i n g t o GED c l a s s e s . " M o r e o v e r , t h e r e c o r d The m o t h e r tell ... e v i d e n c e i n d i c a t i n g t h a t t h e mother took any c l a s s e s Internet. would caseworker to school[,] [and t h a t stated classes, "[the mother] t o be h e r homework, i n taking and t h a t mother] "[the The c a s e w o r k e r an no class i n GED [she had] been d o u b t e d a l l undisputed made progress evidence indicating i n obtaining safe that and DHR's r e p o r t a l s o s t a t e d t h a t t h e m o t h e r h a d b e e n a d v i s e d to e n r o l l i n c l a s s e s held a t night because of her d i f f i c u l t y a t t e n d i n g t h e o t h e r c l a s s e s b u t t h a t she had never e n r o l l e d i n the n i g h t c l a s s e s . 2 12 2100313 affordable mother housing. The m a t e r n a l t o move o u t o f h e r home m o t h e r moved i n w i t h November 2009. grandmother i n May 2 0 0 9 , her then b o y f r i e n d The m o t h e r rented had asked t h e after which the and h i s mother a two-bedroom until mobile home f r o m N o v e m b e r 2 0 0 9 u n t i l A u g u s t 1 , 2 0 1 0 , a t w h i c h t i m e s h e was e v i c t e d as a r e s u l t o f d i f f i c u l t y p a y i n g report "on occasions" mother t e s t i f i e d admitted while that the water and November her former approximately described mother domestic hotel few n i g h t s with to pay f i n e s testified apply that lived a s h e was on a n d o f f male, whom s h e testified that the h e r aunt N o v e m b e r 1 4 , 2 0 1 0 , t h e m o t h e r was a r r e s t e d Houston County J a i l that and she l i v e d f o r with The c a s e w o r k e r The o f f a t one p o i n t the time and h i s mother, in a "friend." a Between disputes. o f t h e home, b u t turned 14, 2010, t h e mother boyfriend spent had been there. one month as a had regarding t h a t she had t a k e n good care she had l i v e d evicted with DHR's s t a t e d t h a t p o l i c e o f f i c e r s h a d b e e n c a l l e d t o t h e home numerous she r e n t and b i l l s ; as w e l l . and p l a c e d On i n the on a n o - b o n d s t a t u s b e c a u s e s h e h a d f a i l e d and c o u r t costs she had taken that s h e owed. t h e mother f o r government-assisted 13 housing The to Barbour when DHR caseworker County t o had first 2100313 become the involved only i n the case; instance where government-housing The r e c o r d whether DHR's report record cosmetics-sales she had club ended had that worked the club to terminate not record mother was as t o employment. n o t c o m p l e t e d . The f o r a short period, an e n t e r t a i n e r months, owner was but that forced The r e c o r d a t an her as a and t h a t exotic employment to terminate f u r t h e r shows i n applying diagnosis. At the that f o r Supplemental the time the mother's p a r e n t a l the mother's shows t h a t application DHR concluded demonstrated the basic parenting provide of ("SSI") b e n e f i t s b a s e d on h e r l o w i n t e l l e c t u a l petition The goal as t h e mother and mental of t r i a l , form t h e mother had worked u n s u c c e s s f u l l y capacity time that of a l l the dancers. S e c u r i t y Income any toward obtaining representative assisted sought a p p e a r s t o be t h a t t h e m o t h e r a n d DHR d i s a g r e e f o r two o r t h r e e when employment DHR that had t h e r e a f t e r dance mother made e f f o r t s states reveals the application assistance. reveals t h e mother that DHR filed i t s rights and a t t h e was s t i l l that pending. t h e mother had s k i l l s and t h e a b i l i t y t o f o rt h e c h i l d ' s b a s i c needs, i n c l u d i n g s t a b i l i t y . was s u p p o s e d t o e n r o l l i n parenting 14 classes, The b u t she 2100313 n e v e r d i d ; i t a p p e a r s t h a t t h e m o t h e r was i n e l i g i b l e in one o f t h e two p r o g r a m s participate because together with and, of at that $50. time, t h e mother The c a s e w o r k e r support testified present birthday party she a testified that However, t h e c a s e w o r k e r the only had been and t h a t f o r h i m . The c a s e w o r k e r a payment o f clothes and a testified a that i n t h e c u s t o d y and had been explained, form o f she had thrown further while child a home o r c u s t o d y she had sent to the child, to working the pertinent that the care of the mother, the c h i l d danger. encouraged caseworker d i d n o t have h a d no p e r s o n a l k n o w l e d g e t h a t , under DHR p r o v i d e d by t h e mother The m o t h e r Christmas i t involved s h e was a new m o t h e r i n a home w i t h the child. child i n which to enroll i n any r e a l the c h i l d had been u n h e a l t h y a t t h e t i m e h e was p l a c e d i n t h e c u s t o d y o f DHR; s h e stated that t h e mother within the f i r s t 21 d a y s a f t e r mother had n o t f i l l e d appointments appointments had missed that that two d o c t o r s ' the child appointments was b o r n a n d t h a t t h e his pharmaceutical prescriptions. the mother had been had missed scheduled because were Those follow-up results of the child's blood tests, t a k e n when he was b o r n , h a d c o n c e r n e d h i s doctors. testified The m o t h e r 15 that she l o v e d the child and 2100313 wanted a second testified at that t h e WISE parents be an e n t i t y parenting those to a parent. that skills, appointments; helps and t h a t admitted parenting The the that she contains mother f a i l e d mentally retarded testified that the t o h e r as a r e s o u r c e , b u t instructed i n criminal ISP first aggressor to enroll devised, DHR s u m m a r i z e d the mother disputes; of obstruction indicating from u s i n g i l l e g a l activity. i n domestic charges undisputed evidence to refrain engaging on been f o r t h e mother in classes. record was had caseworker t h e mother had never t h e mother WISE C e n t e r h a d n e v e r b e e n m e n t i o n e d she The DHR h a d s c h e d u l e d a p p o i n t m e n t s Center, gain attended chance had had been of j u s t i c e drugs and from that, been since her named arrested (giving that as t h e four police times a false name), p u b l i c i n t o x i c a t i o n , d i s o r d e r l y c o n d u c t , and f a i l u r e t o appear i n criminal tests. The c o u r t - r e f e r r a l o f f i c e r , who h a d a d m i n i s t e r e d t h e m o t h e r ' s drug tests, testified January stated given court; that 2010, F e b r u a r y that t h e mother 2010, March she had p a s s e d her, i n April and had only had drug failed drug 2010, and June two o f t h e t e s t s 2 0 1 0 a n d May 16 failed 2010. D u r i n g tests 2 0 1 0 ; he that the in he h a d mother's 2100313 testimony, the j u v e n i l e - c o u r t judge asked the mother whether she had been " c l e a n " she w o u l d be a b l e the mother she had been form a responded around marijuana recess, a revealed time, t o pass traces taken into custody into trial, relative mother's t h e week before, rights, to offered no p o t e n t i a l r e l a t i v e contains just County mother's termination. revealed an which places her short that day At that body. that she had having that DHR that had during evidence been looked 17 half no mother trial. c a p a c i t y . The r e s u l t s o f evaluation lower the were the i n d i c a t i n g that conducted i n t e l l i g e n c e - q u o t i e n t ("IQ") i n the there Moreover, resources undisputed psychological 2009 a Jail. testified the mother has a l i m i t e d i n t e l l e c t u a l the mother before b u t she s t a t e d alternatives record the legal a s an a l t e r n a t i v e t o t e r m i n a t i n g viable The Following i n the mother's at the Houston placement to that a purportedly to the j u v e n i l e court the caseworker parental smoking administered one t h a t d a y ; s o , b u t she n o t e d i n t h e month. admitted marijuana At people of marijuana the mother smoked other test test i f given she t h o u g h t earlier drug f o r m o r e t h a n 30 d a y s a n d w h e t h e r a drug that directly of the i n November score o f 62, "intellectual- 2100313 deficit" range of intellectual officer opined achieve the goals set i n her really think she was not] testified that "intelligent about." could mother] to best ISP The her with the those things limited that he t h e m . " He be [they had] not that she needed m o t h e r was ISP that she to do. realized early u n l i k e l y t o be because, she able said, [the she child]." " [ d i d not] or allow[ed] opined her to low that regain IQ. 18 of even think [the learning basic the to," to mother's custody of to to be the mother parenting tried, accomplish ability the in "[the Specifically, " [ t h e m o t h e r had] her and talked think had "[did functional" did she to" further of [had] of wanting mental/intellectual ability necessary because on the that she to what that i n her court-referral stated doing he caseworker stated that but he of things testified care ability goals, but that c a p a b l e o f g e t t i n g a GED" skills. intent "appeared stated have opined ISP, capable outlined not take caseworker was] he "was understand case that goals does to through the mother mother caseworker the the enough follow w o r k i n g on able the However, The reach that a b i l i t i e s . The to child as the do was 2100313 The caseworker clarified that i t was r e m o v e c h i l d r e n f r o m homes w h e r e a p a r e n t mental-retardation IQs similar range and t h a t , i n f a c t , of t h e i r c h i l d r e n . A d d i t i o n a l l y , she had worked w i t h the first in the best simply for for i n trying lacked agencies parenting to maintain range this a parent dealt with w h o s e IQ while to rehabilitate that skills, whether mentally she s t a t e d that those s h e h a d made when fell 3 the mother ability retarded was to care assistance parents gain appointments the mother had not appointments. In h e r b r i e f , was a d d u c e d case that she h a d done she had sought help with f o r DHR; the mother, t h e m o t h e r a t t h e WISE C e n t e r b u t t h a t kept working the p h y s i c a l or the f i n a n c i a l When a s k e d to custody and t h a t the caseworker stated that, although the c h i l d . from she had ever some p a r e n t s the caseworker t e s t i f i e d f o r two y e a r s mental-retardation nonetheless, her DHR policy h a d a n IQ w i t h i n t h e t o t h e mother's had been able time n o t DHR the mother contends t h a t , because indicating that "the c h i l d was [n]ever evidence i n danger [ s h e w a s ] w i t h t h e m o t h e r " a n d t h a t DHR h a d s e t up a n I S P The c a s e w o r k e r s t a t e d t h a t she h a d w o r k e d w i t h "a l o t " o f p e o p l e whose I Q s f e l l i n t h e m e n t a l l y r e t a r d e d range b e f o r e s h e h a d come t o w o r k f o r DHR. 3 19 2100313 that was i m p o s s i b l e show t h a t not f o r t h e mother to f u l f i l l , be r e h a b i l i t a t e d so as t o be a b l e failed to were such t h a t the mother's circumstances DHR she c o u l d to regain child. The m o t h e r a r g u e s t h a t t h e t e r m i n a t i o n rights was p r e m a t u r e , that the c h i l d given was r e m o v e d d a y s . The m o t h e r r e l i e s reversed rights v. a juvenile court's Dep't of her parental i n t h e ISP and t h e f a c t from h e r custody on t h r e e on t h e g r o u n d t h a t State the goals custody ofthe a t t h e a g e o f 21 cases i n which t h i s judgment court has terminating the termination parental was p r e m a t u r e : R . F . o f Human R e s . , 740 S o . 2 d 1 0 9 3 , 1 0 9 4 - 9 5 ( A l a . C i v . A p p . 1 9 9 9 ) , K.M. v . S h e l b y C n t y D e p ' t o f Human R e s . , 628 So. 2 d 812 ( A l a . C i v . A p p . 1 9 9 3 ) , Dep't a n d T.D.M.V. v . E l m o r e o f Human R e s . , 586 S o . 2 d 931 ( A l a . C i v . A p p . 1 9 9 1 ) . In R . F . , 740 S o . 2 d a t 1 0 9 4 - 9 5 , we reversed a judgment t e r m i n a t i n g p a r e n t a l r i g h t s when a p a r e n t h a d n o t b e e n to have abused o r n e g l e c t e d claim Cnty had been objection termination of prosecuted the the c h i l d a n d when t h e t e r m i n a t i o n by t h e g u a r d i a n Cullman County alleged DHR; ad l i t e m we held over the that h a d b e e n p r e m a t u r e b e c a u s e t h e m o t h e r , who was 15 y e a r s o l d a n d was h e r s e l f i n the custody of the Cullman DHR, the had the not yet had opportunity 20 to be a County parent. 2100313 Similarly, at K.M. the time also the because, despite termination school children, the c h i l d a willingness as a s o u r c e f o r r e l a t i v e the record t o do s o ; by bathing, and t o maternal the mother the a desire to the c h i l d to the doctor we rights behavior, the opportunity p l a c e m e n t ; we h e l d [did]not i n d i c a t e there was evidence that ... improve her s i t u a t i o n i n order 586 case, parental had expressed to help care church grandmother care f o r the b u t no o n e h a d e v e r b e e n t o h e r home t o i n v e s t i g a t e her parent, daily; I n T.D.M.V., t h e c h i l d r e n ' s indicated i n that irresponsible a relationship with and t a k i n g regularly. had the c h i l d child; the mother's b u t had n o t been g i v e n had developed feeding, of the mother's mother had v i s i t e d and a m o t h e r who was i n f o s t e r she had t h e p e r t i n e n t reversed finish involved that, the mother that [was] a the mother to reunite with "[w]hile model wanted to her c h i l d r e n . " So. 2d a t 933. We begin termination by rejecting i n this case that DHR days o l d , the c h i l d 2009, became i n v o l v e d when the c h i l d was was the mother's was p r e m a t u r e . i n this placed almost 21 case argument Although when i n foster 3 months that i t i s true the c h i l d care the on o l d . DHR was June 21 25, d i d not 2100313 immediately p l a c e t h ec h i l d i n f o s t e r care; i n s t e a d , the c h i l d i nt h e custody o f t h e maternal grandmother, home b o t h t h e mother DHR's i m p l e m e n t a t i o n move, a n d DHR and t h e c h i l d of that certainly Additionally, from t h e f a c t s acquire but who mothers' those h a d been young indicating children that and of this cited prevented housing are distinguishable a desire to to provide f o rtheir doing cases, children so because there n o t be a b l e from this case was no to provide because, DHR i n that t h e mother's d i f f i c u l t y was l a r g e l y due t o h e r l a c k i n T.D.M.V., a t t h e t i m e o b t a i n e d employment. I t was f u r t h e r County o f an i n t h e m o t h e r ' s b r i e f . R.F. from I n both they would case who h a d d e m o n s t r a t e d necessary revealed that Additionally, had t h e mother of the evidence for their i f g i v e n t h e o p p o r t u n i t y t o d o s o . T.D.M.V. i s a l s o distinguishable evidence mothers ages. at the time. s a f e t y p l a n was h a r d l y a d r a s t i c thefacts skills living i n whose w h e t h e r s h e was f i t t o b e a p a r e n t . o f t h e cases K.M. i n v o l v e d were d i d not deprive opportunity t o demonstrate and i t placed had not exhausted 22 finding a job of transportation. of t r i a l , t h e mother shown t h a t t h e E l m o r e a l l viable t e r m i n a t i o n o f t h emother's r i g h t s case, t h e alternatives as t o t h e c h i l d r e n to because 2100313 the maternal had expressed children grandmother a i n that willingness case had t e s t i f i e d t o help b u t had never been c o n t a c t e d Elmore County In this t h e mother DHR. classes, despite to enroll her testimony that e x p e c t e d h e r t o do s o i f s h e w a n t e d t o r e g a i n child. as raise the or i n v e s t i g a t e d by the c a s e , t h e m o t h e r made n o e f f o r t in parenting t h a t she s h e knew DHR custody The m o t h e r a l s o d i d n o t c o n s i s t e n t l y r e c e i v e she had been instructed t o d o . The m o t h e r , housing; instead, after In h e r b r i e f , to terminate partially a rights achieved " u n r e a l i s t i c that when achieving that i n d i c a t i n g h e r own the goals obtaining reflects that a to affirm a decision that lack fails of effort i n her ISP. Although GED was she never an parent unrealistic attended only to account f o r exerted t h e mother goal, the toward argues record any c l a s s e s ; moreover, t h e c a s e w o r k e r t e s t i f i e d t h a t , when s h e h a d d i s c u s s e d 23 had g o a l s " would s e t "a dangerous p r e c e d e n t . " The m o t h e r ' s a r g u m e n t w h o l l y evidence bounced "friends." t h e mother claims parent's being safe and t h e m o t h e r seems t o h a v e back and f o r t h between male of the counseling e v i c t e d i n A u g u s t 2 0 1 0 , a l s o made n o e f f o r t t o o b t a i n affordable herself the topic of 2100313 GED classes with discontent attended could or properly regaining of her Perhaps appeal, of deemed the to most use c h i l d was i n DHR established of custody, to brief, law evaluate abilities Res., 826 recognized the determination of 171, who act expressed about in having j u v e n i l e court lack the evidence the of effort interest in which mother the of in four of appears child." parent's should her brief C.W. v. receive is on mother the viewed of her overlook child. the is financial, Civ. mental The so w o u l d be a j u v e n i l e court (Ala. 24 evidence s i x drug t e s t s , a l l to physical, record entire period aware t h a t d o i n g 172 the mother's drug use. failing mother f o r the "a to throughout parent's 2d that mother's judgment, i n Alabama t h a t to care lied i n a b i d to regain custody the "the So. by marijuana a g a i n s t her her the compelling the w h i l e a d m i t t e d l y being In instead never child. evidence continued had d o n e h o m e w o r k . The unaddressed i s the adversely had juvenile court's entirely mother unwillingness the the the but having have custody supporting mother, frustration l e s s o n s and indicative also the well required and mental S t a t e D e p ' t o f Human App. 2 0 0 2 ) . We ability i s germane custody of a have to a dependent 2100313 child v. and whether p a r e n t a l r i g h t s should C a l h o u n C n t y D e p ' t o f Human R e s . , Civ. App. 2004) . I n D.A., we t h a t the her ... h e r s e l f . 892 showed t h a t maintained children; ... counseling utility 2d 963, a judgment held a on job and an visits for 892 966. attended three So. for 2d at from In t h a t times months; and four 966. this put forth a more case. I t i s f u r t h e r notable a measured IQ the in this mother Here, the of 70 In attended paid not the r e s u l t of (a f i g u r e s o m e w h a t h i g h e r record adequately supports to achieve predetermined her t h a t , i n D.A., a l l the before D.A., than the the the the mother children mother the mother than the in had IQ of case). the mother's f a i l u r e was the classes; ... months substantial effort raising a week w i t h d e m o n s t r a t e d a much m o r e s i n c e r e d e s i r e t o r a i s e h e r and (Ala. case, parenting furnished apartment hearing." at eight ... 966 record supported a f i n d i n g 2d mother] supervised sessions; bills termination "[the So. D.A. terminating mother's mental c o n d i t i o n prevented her c h i l d r e n by record terminated." So. 892 affirmed a m o t h e r ' s p a r e n t a l r i g h t s when t h e be by l a c k of her the goals the 25 and that set f o r t h i n her circumstances effort conclusion could but, rather, e v e n be viewed ISP was as 2100313 demonstrative of an and In light use, the law. her failure reporting failure to to progress to DHR i n d i f f e r e n c e toward her attend her enroll of the evidence GED progress in parenting capacity, we the c l a s s e s , her in hold obtaining the her and by the her to make her limited juvenile court's judgment t e r m i n a t i n g the mother's p a r e n t a l r i g h t s supported drug GED, failure housing, that mother's prevarication in c l a s s e s , her toward securing appropriate intellectual of responsibilities i s properly record. AFFIRMED. Thompson, P.J., and Bryan, Thomas, and 26 Moore, J J . , concur.

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