The Alabama Court of Civil Appeals has reversed the Madison Juvenile Court’s decision to terminate a mother’s parental rights to her five children. The appeals court found that the Madison County Department of Human Resources (DHR) did not make reasonable efforts to reunify the mother with her children before seeking to end her parental rights.
The Case’s Background
The mother, identified as K.C.M., had her parental rights to D.M.B., Jr., J.T.M., C.K.B., T.K.B., and S.M.M. terminated by the Madison Juvenile Court. The father of D.M.B., Jr., C.K.B., T.K.B., and S.M.M. also had his rights terminated, but he did not appeal. The father of J.T.M. is unknown. The children were born between November 2014 and May 2019. The DHR filed petitions to terminate the mother’s parental rights on June 5, 2024.
Initial Involvement and Safety Plans
DHR’s involvement with the family began in November 2021 after the mother crashed a vehicle while under the influence of alcohol and marijuana, with the four oldest children as passengers. The children were initially placed with their maternal grandparents under a safety plan. However, this plan failed when the grandparents tested positive for marijuana. A second safety plan was implemented, placing the children with other relatives, but that also failed. The children were then placed in foster care.
Psychological Assessment Delay
A key issue in the case was the timing of the mother’s psychological assessment. DHR did not require the mother to undergo a psychological evaluation until August 12, 2024, more than two years after they began working with her and after the petitions to terminate her parental rights were filed. The assessment results were not available until the day before the trial.
Assessment Findings and Recommendations
The assessment, conducted by Dr. Barry Wood, revealed significant psychological issues. Dr. Wood found that the mother exhibited symptoms of mania or hypomania, as well as aberrant thought processes, and he diagnosed her with Schizoaffective Disorder, Bipolar Type. He recommended that the mother receive targeted treatment for her mental health conditions, including medication and counseling, in addition to substance abuse treatment.
The Court’s Reasoning
The appeals court focused on whether DHR had made “reasonable efforts” to reunify the mother with her children, as required by law. The court found that DHR’s delay in identifying and addressing the mother’s mental health issues meant that the agency did not provide services reasonably tailored to eliminating the barriers to reunification. The court noted that DHR waited until the very end of the process to have the mother complete a psychological assessment, which meant that the necessary services to address her mental health issues could not be put in place in time.
The appeals court cited the case of *T.B. v. Jefferson County Department of Human Resources*, where the court found that the Jefferson County DHR had failed to provide services reasonably directed at the obstacles to reunification. The court in the K.C.M. case found that the delay in identifying the mother’s mental illness was similar to the deficiencies in the *T.B.* case.
The court concluded that DHR had not made reasonable efforts to rehabilitate the mother and that she was not given a fair opportunity to address the barriers to reunification. Therefore, the court reversed the juvenile court’s decision.
The Impact of the Decision
The appeals court’s decision means that the cases are remanded back to the juvenile court. The juvenile court will need to enter judgments consistent with the appeals court’s opinion, which means the termination of parental rights is overturned. The mother may have the opportunity to work towards reunification with her children, with DHR now required to address her mental health needs as part of the process.