A.S. v. I.M.S.

Summary

The Alabama Supreme Court reviewed the termination of a mother's parental rights based primarily on her incarceration and criminal history. The court held that the grandmother, who had custody of the child, failed to present clear and convincing evidence that no viable alternative to termination existed. The court reversed and remanded, concluding that continued custody by the grandmother with supervised or discretionary visitation was a viable, less drastic alternative.

Holdings

1. The termination judgment could not stand because the grandmother failed to present clear and convincing evidence that no viable, less drastic alternative to termination of the mother's parental rights existed.
2. A termination judgment based on ore tenus evidence is presumed correct and will be set aside only when the record shows the judgment to be plainly and palpably wrong, but the termination petitioner retains the burden of proving the statutory elements by clear and convincing evidence.

Questions Presented

1. Whether the juvenile court properly terminated the mother's parental rights when the grandmother failed to prove by clear and convincing evidence that no viable, less drastic alternative to termination existed.
2. Whether continued custody by the grandmother, with the grandmother supervising the mother's visitation while the mother pursued rehabilitation, constituted a viable alternative to termination.

Disposition

reversed_and_remanded