Every foster adoptive parent should be conversant with the phrase “no viable alternatives.” It’s a clunky combination of words that simple means, “Guys, we don’t want to terminate a natural parents rights to their child if there is any other way. If there’s a fit relative that comes forward in timely manner, we want the child to go there without terminating their rights.”
In T.B. v. Cullman County Dept. of Human Resources, 6 So.3d 1195 (Ala. Civ. App. 2008) the mother contended on appeal that DHR should have placed the children in the care of the paternal grandfather. However, the Appellate Court notes that if DHR placed the children in the paternal grandfather’s care, it would practically just be placing the child back in the natural mother’s care.
“[T]he paternal grandfather indicated … that he intended the mother to be the primary caretaker for the children because he had not parented young children in many years and he felt she would know more about it.” Id. at 1203. (emphasis added).
If the potential relative, i.e., the possible “viable alternative” to TPR is going to simply give the child right back to the offending parent, then that relative ceases to be “viable.” That’s pretty common-sense analysis.
The Appellate Court’s second assertion, as common-sense as it may be, is an anomaly in the current landscape of Alabama positive law on TPR.
“Finally, we note that the parental-rights-termination statute allows a juvenile court to terminate parental rights when the parent is unable to discharge his or her responsibilities to and for the child. Regardless of whether the paternal grandfather can assume a proper parental role, the fact remains that the mother is still unable to properly parent the children.” Id. at 1202 – 1203. (italics emphasis in original, bold emphasis added)
A relative is never viable if there is no foreseeable pathway for the parent to regain custody.
And, a natural parent’s mere devotion to visiting with the child does not, and cannot, change that reality.
Foster adoptive parents are best situated to bring this to the court’s attention.
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Preparing Foster and Adoptive Parents For Trial – Alabama 2026
