Ex parte W.E. and S.E. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: J.L. v. W.E. and S.E.) (Talladega Juvenile Court: JU-09-24.02; Civil Appeals : 2090210). Writ Denied. No Opinion.

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REL: 12/03/2010 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2010-2011 _________________________ 1091755 _________________________ Ex parte W.E. and S.E. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: J.L. v. W.E. and S.E.) (Talladega Juvenile Court: JU-09-24.02; Court of Civil Appeals: 2090210) LYONS, Justice. WRIT DENIED. NO OPINION. Cobb, C.J., and Woodall, Parker, and Shaw, JJ., concur. Murdock, J., concurs specially. Stuart and Bolin, JJ., dissent. 1091755 MURDOCK, Justice (concurring specially). I do not take issue with the result reached by the Court of Civil Appeals in its opinion in this case. J.L. v. W.E., [Ms. 2090210, July 23, 2010] __ So. 3d __ (Ala. Civ. App. 2010). I write, however, to note that dependency is a status created by law that either is true of a child or is not. is, either a child is dependent or it is not. That A child cannot be dependent vis-à-vis one parent but not dependent as to the other parent. If the child is not dependent "as to one parent," then the child is not dependent. 1 In this case, L.L. is in no longer dependent, and I concur the denial of certiorari review. 1 See Ala. Code 1975, § 12-15-102(8)a.2., defining a "dependent child" as including a child "[w]ho is without a parent, legal guardian, or legal custodian willing and able to provide for the care, support, or education of the child." 2

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