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Turney v. State, Department of Pensions & Security
Citations: 497 So. 2d 172; 1986 Ala. Civ. App. LEXIS 1516Docket: Civ. 5362
Court: Court of Civil Appeals of Alabama; October 15, 1986; Alabama; State Appellate Court
The mother, Debbie Turney, appeals the termination of her parental rights regarding her six-year-old daughter, Bobbie Jo Iyobebe, with the court affirming the award of permanent legal custody to the State Department of Pensions and Security (DPS). Turney is estranged from her current husband, who is neither the biological nor legal father of Bobbie Jo, and both the biological and adoptive fathers' rights were previously terminated due to abandonment. Initially, the court found insufficient evidence to terminate Turney's rights but later ordered a new trial after discovering her criminal record, including felony charges and forgery indictments. During the second trial, evidence of Turney's incarceration and criminal history was presented, leading to the termination of her parental rights. Turney argues that her due process rights were violated, claiming that the termination was based solely on her criminal charges before her guilt was established. However, the trial judge clarified that the decision was influenced by the likelihood of her continued incarceration, regardless of the outcome of the criminal charges. The court highlighted that at the first trial, it was unaware of Turney's prior indictments, which are pertinent under Alabama law as grounds for terminating parental rights. The judge's ruling was supported by clear and convincing evidence regarding the child's best interests and the dependency issues at hand. The court found the termination and custody award to be appropriate, affirming the decision. Additionally, it was noted that Turney has three other children, with varying living arrangements. Appellant, having served two months of a year-and-a-day sentence for forgery, was released from Tutwiler Prison before the birth of her child. Medical assessments noted multiple injuries to the child, including a 'smashed' finger, cigarette burn-like marks on the buttocks, a broken collarbone, and a fractured skull with reinjury. Evidence indicated inadequate supervision and care for the child, and the mother failed to utilize Department of Pensions and Security (DPS) services aimed at rehabilitation for regaining custody. Additionally, the mother exhibited character disorders that hindered her effective parenting and therapy engagement. Medical professionals were not convinced by the mother’s explanation regarding her daughter’s vaginal injury, particularly due to the hymen being intact. The court determined, based on clear and convincing evidence, that the child was dependent, with no viable alternatives to terminating parental rights. The judgment to terminate the mother’s parental rights was affirmed, with concurrence from Judges Bradley and Holmes.