Franklin v. State Department of Human Resources

INGRAM, Judge.

The Alabama Department of Human Resources obtained custody of the three minor children of James and Marie Franklin at a hearing in the juvenile court. From that judgment the Franklins filed notice of appeal to this court. It was then discovered that the electronic recording device failed to function properly and no record of those proceedings was made. On motion, we transferred the case to the circuit court of Talladega County for trial de novo.

The circuit court, after the hearing, reached the same result the district court had reached at the first hearing, and the parents have…