May v. Harrison County Dep't of Human Serv.
| Docket Number: | 2003-CA-01109-SCT Linked Case(s): 2003-CA-01109-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-05-2004 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of parental rights - Section 93-15-103(3)(c) - Durable legal custody - Section 43-21-609 (b) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-28-2003 Appealed from: Harrison County Youth Court Judge: Michael Ward Disposition: Terminated Appellant's parental rights. Case Number: 24YC00T0033 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Glenda May |
MICHAEL W. CROSBY |
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| Appellee: | Harrison County Department of Human Services | KATHERINE JANE CALDWELL JULIA ANN TOWNSEND |
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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: | Termination of parental rights - Section 93-15-103(3)(c) - Durable legal custody - Section 43-21-609 (b) |
| Summary of the Facts: | The Harrison County Department of Human Services filed an amended petition to terminate Glenda May's parental rights. After a hearing, the youth court terminated May's parental rights. May appeals. |
| Summary of Opinion Analysis: | Issue 1: Termination of parental rights May argues that the court erred in terminating her parental rights. The youth court found that May’s children have been in the care and custody of a licensed child care agency, or the Harrison County Department of Human Services, for over a period of one year, that May has been responsible for a series of abusive incidents concerning one or more of her children constituting grounds for termination of her parental rights pursuant to section 93-15-103(3)(c), and that May exhibits and has failed to eliminate ongoing behavior which prevents placement of the children with May in spite of diligent efforts of the Department of Human Services to assist her. Substantial evidence exists to support the youth court's finding that termination of parental rights was in the best interest of the children. Issue 2: Durable legal custody May argues that the youth court erred in not considering durable legal custody as an alternative to termination of parental rights. Section 43-21-609 (b) specifically and clearly provides that in order to have the disposition alternative of durable legal custody in cases of abuse or neglect, the child or children must have been in the physical custody of the proposed durable custodians for at least 1 year under the supervision of the Department of Human Services. This was not the case under the facts at bar as May had not had custody of her children since June 11, 1999. |
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