January 30, 2015
Ex parte R.G.; In re: R.G.
Limestone County Department of Human Resources
Released for Publication August 5, 2015.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS. (Limestone Juvenile Court, JU-12-145.02; Court of Civil Appeals, 2130582). Jeanne W. Anderson, Trial Judge.
For Petitioner: Michael C. Sizemore, The Sizemore Law Group, Athens.
BRYAN, Justice. Stuart, Bolin, Parker, Murdock, Shaw, Main, and Wise, JJ., concur.
WRIT DENIED. NO OPINION.
MOORE, Chief Justice (dissenting).
I respectfully dissent. The Limestone Juvenile Court terminated the parental rights of R.G., the petitioner, who challenges Alabama courts' use of the ore tenus standard of review in termination-of-parental-rights cases. Judge Moore discussed this issue thoroughly in his special concurrence in J.C. v. State Department of Human Resources, 986 So.2d 1172, 1197-1202 (Ala.Civ.App. 2007) (analyzing Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982), which adopted
the clear-and-convincing evidence standard of proof in termination-of-parental-rights cases). Judge Moore concluded that the " constitutional concerns implicated in every termination-of-parental-rights case command stricter scrutiny than the ore tenus rule provides." 986 So.2d at 1199. I agree with Judge Moore's constitutional concerns about the standard of review in termination-of-parental-rights cases; therefore, I would grant the petition and ask the parties to submit additional briefs regarding the constitutionality of the ore tenus standard of review in such cases.