Ex Parte Bodie

377 So.3d 1051

EX PARTE John BODIE, as guardian ad litem for G.A., a minor child

(In re: H.P.

v.Jefferson County Department of Human Resources)

Ex parte John Bodie, as guardian ad litem for D.P., a minor child

(In re: H.P.

v.Jefferson County Department of Human Resources)

Ex parte John Bodie, as guardian ad litem for M.P., a minor child

(In re: H.P.

v.Jefferson County Department of Human Resources)

1210248, 1210250 and 1210251

Supreme Court of Alabama.

October 14, 2022

John Bodie of Legal Aid Society of Birmingham, Birmingham, guardian ad litem, on behalf of G.A., D.P, and M.P.

April H. DeLuca of Magic City Law, LLC, Mountain Brook, for respondent H.P.

PER CURIAM.

John Bodie, as guardian ad litem for G.A., D.P., and M.P. ("the children"), has filed three separate petitions for the writ of certiorari, one on each child’s behalf, regarding a decision of the Court of Civil Appeals reversing judgments of the Jefferson Juvenile Court ("the juvenile court") that terminated the parental rights of H.P. ("the mother") to the children. See H.P. v. Jefferson Cnty. Dep’t of Hum. Res., 377 So.3d 1042 (Ala. Civ. App. 2021). We granted the petitions, and, for the reasons explained below, we reverse the judgments of the Court of Civil Appeals and remand these cases for further proceedings.

Background

In June 2020, the Jefferson County Department of Human Resources ("DHR") filed separate petitions seeking the termination of the mother’s parental rights to the children. The Court of Civil Appeals’ decision set out the following pertinent factual summary:

"The mother herself had been adopted out of foster care as a result of her biological mother’s drug abuse. When the mother was 16 years old, she left her adoptive home and reunited with her biological mother; her biological mother introduced the mother to drugs at that time. The mother gave birth to her first child at the age of 16. The mother testified that DHR initially became involved with her family in October 2018 when she and D.P. tested positive for amphetamines at his birth. Although it had been recommended in November 2018 that she attend intensive outpatient drug-rehabilitation classes, the mother admitted that she had failed to complete those classes. The mother testified that she had been arrested in 2019 for possession of a forged instrument and had been ordered to complete 14 months’ probation. She testified that she hadparticipated in Family Wellness Court in 2019 but that she had been dismissed from that program in October 2019 for testing positive for marijuana and amphetamines; she was ordered to complete inpatient drug-rehabilitation treatment at that time but did not do so.

"Kenya Franklin, who is a case manager for the comprehensive addiction and pregnancy (‘CAP’) program at the University of Alabama at Birmingham, testified that the mother had been referred to the CAP program in March 2020 and that it had been recommended at that time that the mother complete inpatient drug-rehabilitation treatment. Franklin testified that the mother had decided to attend outpatient treatment instead and had not been compliant.

"The mother testified that she had been arrested in the fall of 2020 for possession of marijuana and a pipe. Franklin testified that the mother had completed a drug assessment in October 2020 and that it was again recommended that the mother attend inpatient drug-rehabilitation treatment. In November 2020, the mother was admitted to an inpatient treatment program at Aletheia House.

"The mother testified that, through her inpatient treatment at Aletheia House, she had been prescribed medications for her mental health and had stopped using illegal drugs. She admitted that she was unable to care for the children at the time of the trial and testified that she wanted them to stay temporarily with the foster parents, whom she considered to be her godparents and with whom she and the children had a relationship even before they became the children’s foster parents.¹ Aletheia House employees transport the mother to visits with the children. The mother expressed a desire to care for the children’ once she has completed her treatment and has utilized the resources at Aletheia House to obtain housing and employment.

"Franklin testified that she had noticed a change in the mother in November 2020. According to Franklin, the mother seemed to be taking responsibility for her actions and making better choices; she testified that the mother has matured and has self-control. Franklin testified that, at the time of trial, the mother was ‘on a right track … and [that,] if she continues to make appropriate choices, good choices, and utilizes the resources and support that she has with CAP and Family Wellness and Aletheia House,’ she can be successful. She testified that she had no reason to think that the mother would not continue doing those things. Katie Day, the mother’s therapist at Aletheia House, testified that the mother had been compliant with the program and had tested negative on all drug screens other than on tests when she first entered the program. Day testified that the mother had made much progress in the two months she had been in the program and that she considered the mother to be at a low risk for relapse.

"———————

"¹The mother testified that the foster parents had been ‘hurt’ by her because of her drug use but that she wanted to make amends to them. She testified that she is grateful to them for caring for the children."

H.P., 377 So.3d at 1045–46.

After conducting a trial in February 2021, the juvenile court entered separate, but almost identical, judgments terminating the mother’s parental rights to the children. At the time of the trial, the children were six years old, three years old, and two years old, respectively. They had been in foster care for more than two years.

As quoted in the Court of Civil Appeals' decision, the juvenile court’s judgments provided the following pertinent analysis:

" ‘The mother … testified that she is currently residing at Aletheia House, an inpatient substance abuse treatment facility and has been inpatient since November 25, 2020. Before this[,] she lived many other places including with her sister in a housing project, a van in a parking lot[,] and with the [children’s] maternal grandmother. The maternal grandmother has a long history with substance abuse[,] and when the mother and maternal grandmother are together it is very disruptive and is a trigger for the mother to use. [The mother] has never had her own housing. She has worked multiple jobs but [has] not work[ed] at any one job more than four months.

"‘[The] Mother currently has … criminal court cases pending involving marijuana and a pipe that was found on or near her.

" The [children have] been in foster care since October 2018. [The] Mother was ordered to participate in Wellness Court (Drug Court) but was unsuccessful; [to] participate in mental health treatment but has not; [to] obtain stable housing and employment but has not; [to undergo] random drug screening but. has not until recently; and to participate in a parenting skills course in which she has received a certificate of completion. [The] Mother states that she has provided the name of relatives to [DHR] willing to take custody of her child[ren]. [The] Mother states that she participated in the CAP [comprehensive addiction and pregnancy] program, which is a program to assist pregnant women with substance use problems but [tested] positive at th[e] birth of [J.P., the mother’s fourth] child[,] and custody of that child was removed and is in the custody of family friends.

" ‘[The] Mother states that her last drug use was in November 2020. She is currently on the medicated assisted treatment[,] and she states that her mind is clear today.

" ‘Ma[rn]ika Brown was the next witness who is the [DHR] social worker. She states that there is no legal father for [any of the children]. [The] mother has provided no financial support or any items for the child[ren]’s day to day needs. [The] Mother has had many opportunities to complete services but unfortunately has not complied. [The] mother is currently in inpatient treatment and is doing well but has only been in the program approximately three months. Adoption by current foster parents is the case plan.

" ‘[Brown] did investigate the mother’s sister … as a possible relative resource[,] but she had no employment[,] and the home was not appropriate. [DHR] knows of no other services that can be offered to the mother.

" ‘During the second day of trial, the Court learned that the [children were] placed with a foster family, who [are] also … friend[s] of the family. At the close of case, the Court requested the [DHR] social worker, Ms. Brown, to talk to the foster family to determine if they desired to obtain full legal custody or if their intention was to adopt the child[ren]. Ms. Brown did talk to them, [and] their desire was to continue to provide foster parenting and eventually adopt if termination of parental rights were to occur.

" ‘Katie Day was the next witness who is the mother’s therapist at Aletheia[ ] House. She reports that [the] motherhas been in the program since the end of November 2020. [The mother’s] treatment plan is working on her codependency, stress management, confidence in herself, parenting skills and mental health. [The mother] is compliant with meeting her treatment plan and goals. [Day] states that [the mother] came to Aletheia House because of her legal issues regarding substance abuse and [DHR] involvement with her child[ren]. The program is on average a ninety[-]day program but it is likely that [the mother] will be there four to five months.

" ‘Kenya Franklin testified that she is a case worker for the CAP Program. [The] mother had participated in the program while she was pregnant, with [J.P.,] her fourth child…. [U]nfortunately, [the] mother was not compliant[,] and her fourth child was removed due to continued substance use, but she has

...