State Department of Human Resources v. Smith

INGRAM, Presiding Judge.

This is an appeal from a final order of adoption entered by the Juvenile Court of Cherokee County over the refusal of the State Department of Human Resources (department) to give its consent. The juvenile court specifically found that the department had refused to consent and that the concerns of the department in not consenting were not arbitrary or unreasonable. The juvenile court went further, however, and found that, pursuant to § 26-10-10, Ala. Code 1975, it is not as restricted as the probate court to the requirements of § 26-10-1 et seq. (the adoption statute).

Th…