Ex Parte D.V.G

Full title: Ex parte D.V.G. (In re: D.V.G. v. State Department of Human Resources)

Court: Supreme Court of Alabama

Date published: Jun 28, 2002

839 So. 2d 647 (Ala. 2002)

Opinion

No. 1010695.

Decided June 28, 2002. Corrected Opinion, May 16, 2003

Petition for Writ of Certiorari to the Court of Civil Appeals (Madison Juvenile Court, JU-97-1654.02 and JU-97-1655.02; Lynn Sherrod, Judge; Court of Civil Appeals, (2000531).

Lonzo C. Robinson, Huntsville, for petitioner.

Bill Pryor, atty. gen., and J. Coleman Campbell, deputy atty. gen., and Lynn S. Merrill, asst. atty. gen., Department of Human Resources, for respondent.

Prior report: Ala.Civ.App, 839 So.2d 640.

JOHNSTONE, Justice.

The petition for the writ of certiorari is denied.

Our denial of certiorari review should not be construed as an expression of opinion on the holding by the Court of Civil Appeals that the mother's failure to appeal prior dependency orders foreclosed the dependency prong of the Ex parte Beasley, 564 So.2d 950, 954 (Ala. 1990), test for termination of parental rights and left at issue only the prong of whether there were any viable alternatives to a termination of parental rights.

WRIT DENIED.

HOUSTON, SEE, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.

MOORE, C.J., dissents.