Cole v. State
| Docket Number: | 2008-CA-00026-COA Linked Case(s): 2008-TS-00026-SCT ; 2008-CA-00026-COA ; 2008-CT-00026-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Custody - Adjudication of neglect - Section 43-21-105 - Section 43-21-609 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 11-29-2007 Appealed from: Lauderdale County Youth Court Judge: Veldore F. Young Disposition: CHILDREN DEEMED NEGLECTED AND PLACED WITH MISSISSIPPI DEPARTMENT OF HUMAN SERVICES Case Number: YC-07-428 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | |||
| Appellant: | IN THE INTEREST OF: S. AND S.C., MINORS:
ADELINE COLE |
JAMES A. WILLIAMS |
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| Appellee: | STATE OF MISSISSIPPI AND LAUDERDALE COUNTY DEPARTMENT OF HUMAN SERVICES | OFFICE OF THE ATTORNEY GENERAL: KATHERINE JANE CALDWELL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Custody - Adjudication of neglect - Section 43-21-105 - Section 43-21-609 |
| Summary of the Facts: | Adeline Cole appeals the Lauderdale County Youth Court’s adjudication that she neglected her two minor children, S. and S.C. |
| Summary of Opinion Analysis: | Cole argues there was insufficient evidence before the youth court to remove her children from her custody. Once a youth court conducts an adjudicatory hearing and finds by a preponderance of the evidence a child has been neglected as defined by section 43-21-105(l)(i)-(iv), several statutory alternatives apply. The dispositional alternatives available to the youth court are set forth in section 43-21-609 and include: release the child with no further action; place the child in the custody of a parent, relative, or other person with limitations as the court prescribes; order treatment of the child or parent; order youth court personnel, DHS personnel, or child-care agencies to assist the child and parent in obtaining social or medical services; or place the child in the custody of DHS or other organization found suitable by the court. Here, the youth court found Cole neglected both S. and S.C., and ordered the children to be placed in the legal custody of DHS and the physical custody of their paternal grandmother. These specific dispositional alternatives are expressly authorized by section 43-21-609(b). The facts support the youth court’s finding that, at minimum, these children were not being provided the proper and necessary care or support or other care necessary for their well-being. The youth court was presented with conflicting testimony about Cole’s care and support for her children. Based on Cole’s alarming actions and statements that she would turn the children over to DHS, the youth court judge’s decision was not manifestly wrong. |
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