State Dept. of Human Resources (d.H.)
State Dept. of Human Resources (d.H.)
Opinion of the Court
These are consolidated appeals from a juvenile court order finding D.H., a child, to be a “Multiple Needs Child” and ordering joint custody of the child to the Department of Human Resources (DHR) and the Alabama Department of Mental Health and Mental Retardation (DMHR).
The issue before this court is whether the juvenile court has the authority to find the child to be a “multiple needs child” in accordance with Ala.Code 1975, § 12-15-71, in the absence of an appropriation of funds from the legislature, and whether, as such, the juvenile court could thus award joint custody of the child to the two agencies.
The issue of whether the juvenile court had authority to rule that a juvenile was a multiple needs child in accordance with Ala. Code 1975, § 12-15-71, was addressed in Matter of R.W., 588 So.2d 499 (Ala.Civ.App. 1991). While R.W. involved a decision of a juvenile court prior to the stated effective date of the statute, nevertheless, this court also noted, viz: “Under the plain language of § 12-15-71, the provisions concerning ‘multiple needs children’ are ineffective until 1992 and are further dependent on the contingency of state funding.” R.W. at 500. (Emphasis added.) At the time that the trial court ruled in the instant case, the legislature had not provided funds for the provision of services to “multiple needs children.” Accordingly, the juvenile court in this case, like R.W., was without authority to render decisions pursuant to the provisions of Ala.Code 1975, § 12-15-71. R.W., supra.
In order to commit a juvenile to the custody of DMHR, there must be a petition filed pursuant to Ala.Code 1975, § 12-15-90(a), alleging that the child is mentally ill or retarded, and that as a consequence of such illness or retardation, the child poses a real and present threat of substantial harm to himself or others. In the absence of such a petition and ruling thereon, the Juvenile Court of Greene County was without statutory authority to place the custody of the child with DMHR. Additionally, we find no provisions allowing joint custody to be awarded to two state agencies.
In accordance with the foregoing, the judgment of the juvenile court is due to be, and it is hereby, reversed and the cause remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.