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EX PARTE DEPARTMENT OF HUMAN RESOURCES

Civ. 5559.

502 So.2d 771 (1987)

Ex parte DEPARTMENT OF HUMAN RESOURCES. (Re DEPARTMENT OF HUMAN RESOURCES v. Danny and Renee BILLINGSLEY).

Court of Civil Appeals of Alabama.

January 28, 1987.

Attorney(s) appearing for the Case

William Prendergast, Asst. Atty. Gen., and Sharon E. Ficquette, Asst. Legal Counsel, State of Ala. Dept. of Human Resources, for appellant.

Eugene W. Reese of Reese and Addison, Montgomery, for appellee.

Thomas O. Kotouc of Parker & Kotouc and John L. Capell III of Capell, Howard, Knabe & Cobbs, Montgomery, for amicus curiae John and Jane Doe.

PER CURIAM.

This is an adoption case.

Danny and Renee Billingsley filed a petition in the Montgomery Circuit Court to adopt a minor child, temporary custody of whom was in the Department of Human Resources (the Department). The Department refused to consent to the adoption.

Following ore tenus proceedings, the trial court held that the Department had arbitrarily withheld its consent to the adoption, and it conditionally granted the Billingsleys...

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