FOSTER PARENT INTERVENTION, AS OF RIGHT
Rule 24(a)(2) of the Alabama Rules of Civil Procedure provides:
Upon timely application, anyone shall be permitted to intervene in an action . . . when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.
An intervenor does not need to be a necessary party in order to merit intervention as of right. Rather, as explained by the Alabama Supreme Court in Randolph Cnty. v. Thompson, intervention as of right depends on the movant’s interest in the proceedings. 502 So. 2d 357, 362 (Ala. 1987). Furthermore, the burden of proof is on any parties opposing said intervention, to show that the potential intervenor’s interests are already adequately represented. Id. at 363.
After a child has been in the foster parents’ home for 12 consecutive months, it is pretty cut-and-dray that the foster parent has an interest in the proceedings. Furthermore, it’s not a stretch to show that neither the GAL, nor the Department, nor the natural parents can protect the intervenor’s interest in the child – Momma Bear Interest.