J.W. v. Colbert County Department of Human Resources

By quashing the writ, this Court leaves in place the decision of the Court of Civil Appeals affirming the juvenile court’s judgment terminating the parental rights of J.W., the mother, and M.W., the father. Because I believe that clear and convincing evidence did not support termination of the parental rights of M.W. and that the juvenile court relied on an improper factor in deciding to terminate M.W.’s parental rights, I respectfully dissent.

I. Factual Background

A caseworker for the Alabama Department of Human Resources (“DHR”) discovered that eight-year-old D.W. was living in “deplorable…