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E.C.D. v. In the matter of P.D.R.D.
State: Alabama
Court: Court of Appeals
Docket No: 2111101
Case Date: 12/07/2012
Plaintiff: E.C.D.
Defendant: In the matter of P.D.R.D.
Preview:REL: 12/7/2012

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



REL: 12/7/2012

Southern Reporter
Southern Reporter.
ALABAMA COURT OF CIVIL APPEALS
OCTOBER TERM, 2012-2013
2111101
E.C.D. v.
In the matter of P.D.R.D.
Appeal from Franklin Juvenile Court (JU-11-178.01)
THOMAS, Judge.
E.C.D. appeals from a judgment of the Franklin Juvenile Court adjudicating P.D.R.D. ("the child") dependent, insofar as the juvenile court, in its judgment, failed to make certain findings of fact. Because the juvenile court did not address



2111101
all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal.
The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in construction in order to help support his family.1 The child's parents cannot provide basic necessities such as food, clothing, or health care. The child's home in Guatemala does not have indoor plumbing, and the closest hospital is a 40-minute walk from the home. At the age of 16, the child traveled unaccompanied from Guatemala through Mexico to the United States. On or about May 16, 2011, he was arrested by the United States Citizenship and Immigration Services ("USCIS") when he crossed the United States border into Texas. The child was eventually released into the care of E.C.D., the child's half brother.2 E.C.D. is an adult, legal, permanent resident of the United States who lives in Franklin County, Alabama.

1The child's father suffers from diabetes and is unable to work; the child's mother does not work because there are no jobs for women in the area where she lives.
2The child and E.C.D. share the same mother but have different fathers.

2



2111101
all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal.
The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in construction in order to help support his family.1 The child's parents cannot provide basic necessities such as food, clothing, or health care. The child's home in Guatemala does not have indoor plumbing, and the closest hospital is a 40-minute walk from the home. At the age of 16, the child traveled unaccompanied from Guatemala through Mexico to the United States. On or about May 16, 2011, he was arrested by the United States Citizenship and Immigration Services ("USCIS") when he crossed the United States border into Texas. The child was eventually released into the care of E.C.D., the child's half brother.2 E.C.D. is an adult, legal, permanent resident of the United States who lives in Franklin County, Alabama.

1The child's father suffers from diabetes and is unable to work; the child's mother does not work because there are no jobs for women in the area where she lives.
2The child and E.C.D. share the same mother but have different fathers.

2



2111101
all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal.
The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in construction in order to help support his family.1 The child's parents cannot provide basic necessities such as food, clothing, or health care. The child's home in Guatemala does not have indoor plumbing, and the closest hospital is a 40-minute walk from the home. At the age of 16, the child traveled unaccompanied from Guatemala through Mexico to the United States. On or about May 16, 2011, he was arrested by the United States Citizenship and Immigration Services ("USCIS") when he crossed the United States border into Texas. The child was eventually released into the care of E.C.D., the child's half brother.2 E.C.D. is an adult, legal, permanent resident of the United States who lives in Franklin County, Alabama.

1The child's father suffers from diabetes and is unable to work; the child's mother does not work because there are no jobs for women in the area where she lives.
2The child and E.C.D. share the same mother but have different fathers.

2



2111101
all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal.
The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in construction in order to help support his family.1 The child's parents cannot provide basic necessities such as food, clothing, or health care. The child's home in Guatemala does not have indoor plumbing, and the closest hospital is a 40-minute walk from the home. At the age of 16, the child traveled unaccompanied from Guatemala through Mexico to the United States. On or about May 16, 2011, he was arrested by the United States Citizenship and Immigration Services ("USCIS") when he crossed the United States border into Texas. The child was eventually released into the care of E.C.D., the child's half brother.2 E.C.D. is an adult, legal, permanent resident of the United States who lives in Franklin County, Alabama.

1The child's father suffers from diabetes and is unable to work; the child's mother does not work because there are no jobs for women in the area where she lives.
2The child and E.C.D. share the same mother but have different fathers.

2



2111101
all the issues presented before it, we determine that judgment is nonfinal and dismiss the appeal.
The child was born in Guatemala on November 23, 1994. When the child was 11 years old, he stopped attending school and began working in construction in order to help support his family.1 The child's parents cannot provide basic necessities such as food, clothing, or health care. The child's home in Guatemala does not have indoor plumbing, and the closest hospital is a 40-minute walk from the home. At the age of 16, the child traveled unaccompanied from Guatemala through Mexico to the United States. On or about May 16, 2011, he was arrested by the United States Citizenship and Immigration Services ("USCIS") when he crossed the United States border into Texas. The child was eventually released into the care of E.C.D., the child's half brother.2 E.C.D. is an adult, legal, permanent resident of the United States who lives in Franklin County, Alabama.

1The child's father suffers from diabetes and is unable to work; the child's mother does not work because there are no jobs for women in the area where she lives.
2The child and E.C.D. share the same mother but have different fathers.

2



2111101

On November 28, 2011, E.C.D. petitioned the juvenile court to declare the child dependent and to award E.C.D. custody of the child. The juvenile court held a hearing on E.C.D.'s dependency petition on July 31, 2012. According to the record, E.C.D. orally requested at the dependency hearing and in a bench memorandum that the juvenile court make certain findings of fact that would allow the child to apply to the
USCIS for "Special Immigrant Juvenile" ("SIJ") status, as defined in 8 U.S.C.
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