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McCulloch v. State Dept. of Human Resources
Citations: 536 So. 2d 68; 1988 WL 58453Docket: Civ. 6103
Court: Court of Civil Appeals of Alabama; June 8, 1988; Alabama; State Appellate Court
In the case of Mildred McCulloch v. State Department of Human Resources, the Alabama Court of Civil Appeals affirmed the termination of Mildred McCulloch's parental rights concerning her three children, Amber, Holly, and Timothy. The Juvenile Court of Jefferson County had determined that clear and convincing evidence justified the termination, as the children's best interests necessitated their removal from their mother's custody. McCulloch's appeal argued insufficient evidence to support the court's findings; however, the court maintained that the presumption of correctness favors the trial court's judgment unless clearly erroneous. The court highlighted that factors such as the mother's emotional and mental illness, repeated failures in rehabilitation efforts by the Department of Human Resources (DHR), and her inability to meet her children's needs were significant in the decision. The court also addressed the admissibility of a DHR report, which was deemed appropriate since the caseworker who prepared it was cross-examined during the trial. The mother's history of child neglect, having previously lost custody of five children due to similar issues, and ongoing inadequate living conditions were critical in establishing her failure to provide proper care. The children had been under DHR's custody since 1983, with substantial efforts by DHR to assist McCulloch since 1976 being unsuccessful due to her lack of cooperation. The mother failed to provide necessary medical care, hygiene, and shelter for her children, living instead in a truck. She did not complete counseling or vocational rehabilitation and lacked stable employment. The mother contended that the Department of Human Resources (DHR) needed to prove permanent mental illness for the termination of her parental rights, but the Child Protection Act does not require this; it only necessitates proof that the parent's condition prevents them from caring for the child. Evidence indicated the mother has borderline psychological issues, alongside her inability to maintain stable housing or employment. The trial court found her unwilling to take responsibility for her children and unlikely to change, concluding that DHR's attempts to find less drastic alternatives were unsuccessful. The court upheld that clear and convincing evidence was presented for the termination, aligning with constitutional standards. The mother’s argument for a jury trial was dismissed due to lack of proper citation, and her maternal aunt’s motion for custody was deemed improper since it was filed during the termination proceedings and has not been appealed. The court affirmed the termination of the mother's parental rights, supported by sufficient evidence.