# R.B. v. State Dept. of Human Resources

> Court of Civil Appeals of Alabama · September 8, 1995 · 669 So. 2d 187

URL: https://www.frixlaw.com/law-library/cases/9938746

## Case

- **Full name:** R.B. and P.B. v. State Department of Human Resources. (In the Matter of W.J.B.). R.B. and P.B. v. State Department of Human Resources. (In the Matter of J.C.B.).
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** September 8, 1995
- **Citations:** 669 So. 2d 187; 1995 WL 553472
- **Precedential status:** Published
- **Opinion:** Concurrence by Monroe
- **Judges:** Sam A. Beatty
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9938746

## Opinion text

I agree with the majority that a finding of an adoptive resource is not required in order to terminate parental rights and, therefore, the judgment is due to be reversed and the case remanded for further proceedings to determine whether the adoptive parents' parental rights should be terminated.
However, on remand, I would further instruct the trial court to consider the maternal aunt's petition for custody and the tribe's petition to intervene when making its decision. The fact that the children's maternal aunt has petitioned for custody and that the tribe is seeking to intervene in the case to help determine what would be in the children's best interest indicates that there are potential adoptive resources for the children. Additionally, the record reveals that the family that is adopting the three girls has indicated a possible willingness to adopt the boys in the future.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938746. Public record. Not legal advice.