Ex parte Marshall County Department of Human Resources.

J.J.V. ("the child") was the daughter of J.V. ("the father"). In 2009, the Marshall County Department of Human Resources (DHR) removed J.J.V. from the custody of mother M.M.T. At that time, J.V. was living in Florida, where the child and the mother had resided until the mother left the father. The father came to Alabama to locate the mother and the child only to learn that DHR had removed the child from the mother's home. Without the aid of counsel, the father attempted to work with DHR, and he briefly reunited with the mother. A DHR caseworker informed him that the child would not be returned to the parents if they resided together; shortly thereafter, the father left the mother's residence. In 2010, with the aid of counsel, the father secured supervised visitation with the child. By early 2011, the father was granted unsupervised visitation with the child; he had a total of five unsupervised visits with the child. Later that year, after the child had returned from an unsupervised visit with the father, the child's foster parents contacted the child's DHR caseworker, reporting that the child had reported the father had 'hurt her butt.' After the accusation, the father's visitation was changed to supervised visitation. The child cried and said that she did not want to attend visits with the father. When at the visits, the child barely interacted with the father. The father was ultimately charged with sexual abuse, arrested and placed in the Marshall County jail, where he remained for approximately 18 months. DHR filed a petition to terminate the father's parental rights; however, the juvenile court denied that petition. DHR appealed, and the Supreme Court reversed the judgment declining to terminate the father's parental rights and remanded the case for reconsideration of DHR's petition. DHR petitioned the Supreme Court for a writ of mandamus to direct the juvenile court to set aside or vacate its April 3, 2016 order, addressing the transfer of legal custody and physical custody of the child to the father. The Supreme Court granted the writ. “Given the allegations made by DHR and the contents of the report prepared by …the clinical psychologist, the juvenile court could not conclude that the concerns raised by DHR and [the psychologist] could be ignored as a matter of law. Instead, the juvenile court should have scheduled a hearing so that it could properly evaluate any evidence DHR might present (including any testimony from [the psychologist]) as to the alleged change in the child's circumstances after the entry of the April 2016 order.” View "Ex parte Marshall County Department of Human Resources." on Justia Law