Handley v. STATE DEPT. OF PENSIONS & SEC.
Handley v. STATE DEPT. OF PENSIONS & SEC.
Opinion
This is a case of termination of parental rights to dependent children. *Page 888
After petition and hearing, the court determined two Handley children to be dependent under § 12-15-65 (e), Code of Alabama 1975, and granted temporary custody to the Department of Pensions and Security (DPS) in 1977. Temporary custody remained with DPS from December 15, 1977, until the court granted a petition for disposition by termination of parental rights on March 8, 1984. From the latter order, the mother appeals, contending that such disposition order is not supported by the evidence.
The children remained in the custody of DPS until April 1983. During that time the parents divorced and the father moved away. The mother lived with another man for some two years in various places but stayed in contact with the children through visitation. She subsequently married the man with whom she had been living, but never established a suitable home or environment for the children.
Because of the marriage and attempts to establish a home for the children, DPS made a contract with the mother in January 1983 by which, if completed, the children could be returned to her. The mother complied and physical custody of the children was given to her. However, shortly thereafter, the mother and her husband separated. DPS aided in securing an apartment for mother and children with a worker regularly visiting.
For about four months, the home was satisfactorily maintained. Then it was learned that the mother was evicted from the apartment for misbehavior; that she had been living with an eighteen-year-old boy who had never been employed. The mother, with her boyfriend and the children, then moved from relative to relative and ultimately to a trailer park. There the DPS worker found her, the boyfriend and the children living in an old automobile with three dogs. The children were filthy and infested with head lice. Their physical custody was returned to DPS. The mother continues to live with her boyfriend wherever they can find shelter.
At the time of the disposition hearing, the children were ages ten and seven. The mother is thirty-one. The father has not visited the children in several years and stated their best interest would be served by removal from the mother. Except for the recent four months, the mother has not had custody in seven years. The children were enrolled in school and doing well. DPS's plan for the children is to place them for possible adoption or foster home care.
We consider that the judgment of the trial court in this case is supported by clear and convincing evidence and conforms to the principles stated by this court in the cases of Glover v.Alabama Department of Pensions and Security,
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Oleda Handley v. State of Alabama Department of Pensions and Security. in the Matter of Beckie Renae Handley and Tammy Oleda Handley, Minor Children.
- Cited By
- 3 cases
- Status
- Published