In Alabama, every foster parent should be ensured certain rights. The State has an interest, the community has an interest, and most importantly the children have an interest in making sure that foster parents are treated with dignity. Some of those …
For Inquiring Minds, Relatives Don’t Have to Be Parties to Receive Custody
D.S. v. Pike County DHR, CL-2022-1192 (Ala. Civ. App June 9, 2023), an opinion written by Judge Fridy, the Court held that in view of Ala. Code § 12-15-314, nothing requires a juvenile court to make a relative a party to an action before transferring …
For Inquiring Minds, Relatives Don’t Have to Be Parties to Receive CustodyRead More
Have Natural Parents Abandoned the Child Prior to TPR?
The prong of finding "no viable alternative" is often pretty hairy in TPR trials. However, it's a little known fact that finding "no viable alternatives" is not necessary in cases where the natural parent has abandoned the child. This means that the …
Have Natural Parents Abandoned the Child Prior to TPR?Read More
When Judges Make Bad Decisions – Thoughts for Meditation
A nearly-lost necessity of mind - Advice from an old lawyer, turned pastor. The first duty of the community to their judges is to entertain the most honorable view of their office. How much more those officers who appear on the communities …
When Judges Make Bad Decisions – Thoughts for MeditationRead More
Foster Parents Must Engage in the TPR Trial
"[T]he foster mother would not commit to another custodial arrangement other than adoption" The Alabama Court of Civil Appeals is making it clear - again. If we want children to find permanency through adoption, we need to engage the foster …
The First Question the Court Must Ask
When the service of process on the defendant is contested as being improper or invalid, the burden of proof is on the plaintiff to prove that service of process was performed correctly or legally. The first question a court must ask, in every time …
How to Write a Proposed Order – Brevity is Best
When a juvenile court has not made specific factual findings in support of its judgments, we must presume that the juvenile court made those findings necessary to support its judgment, provided that those findings are supported by the …
To My Friends and Fellow Officers of the Court – Speak Freely with DHR Case Workers – Without Their Attorneys Present
To my Friends and Fellow Officers of the Court: I will be brief because the attached Attorney General Opinon, RO-2003-03 speaks for itself. As you know, Ala. R. Pro. Cond. 4.2 prohibits any communication with another party, if that party is …
The Doctrine of Last Minute Efforts // Equipping Foster Parents for Gracious Advocacy, Part III
The Doctrine of Last Minute Efforts —//— Equipping Foster Parents for Gracious Advocacy Series, Part III If you are a foster parent, you may have had the experience of showing up to a Termination of Parental Rights trial, only to hear from the …
