Alabama Court Case: L.W. v. State Department of Human Resources

L.W. v. State Department of Human Resources

COURT OF CIVIL APPEALS OF ALABAMA 591 So. 2d 872

December 6, 1991, Decided

PRIOR HISTORY:

Appeal from Montgomery Circuit Court. (JU-86-0364.DP; JU-91-0046.DP; JU-91-0047.DP; JU-91-0048.DP; JU-91-0049.DP)

DISPOSITION: AFFIRMED.

COUNSEL:

Charles M. Law, P.O. Box 2121, Montgomery, Al. 36102 Mark Cavanaugh (GAL), 4191 Carmichael Rd., Montgomery, Al. 36106 John Coleman Campbell, Lynn S. Merrill, Dept. of Human Resources, Gordon Persons Bldg., 50 Ripley Street, Montgomery, Al. 36130 Paul R. Cooper, 312 Scott Street, Montgomery, Al. 36104, (For Father)

JUDGES: THIGPEN, Robertson, Russell

OPINIONBY: THIGPEN

OPINION: THIGPEN, Judge

This is a petition to terminate the parental rights involving five children.

In January of 1991, after almost nine years of continued supervision, numerous protective custody orders, and periodic reviews, the Department of Human Resources (Department) filed a petition to terminate the parental rights of the mother and putative fathers. The testimony revealed a history of departmental contact with this family dating back to May of 1982. Over the next eight and one-half years, the Department documented numerous episodes of neglect as to the children and inappropriate conduct on the part of the mother. The mother began having children as a minor and continued until a total of five children were born to her by various fathers. Additionally, the record reveals that the mother was pregnant with yet another child at the time of the hearing below. The mother has been convicted of fraudulent use of a stolen checkbook. Additionally, she left the children unattended or without adequate supervision, and failed to obtain adequate medical care for the children. Without this court detailing the sordid facts, the record indicated that she maintained a home without sufficient food or proper hygiene for the children.

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