Rel: 6/21/02 Ex parte D.V.G.



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) 242-4621), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.



SUPREME COURT OF ALABAMA



OCTOBER TERM, 2001-2002



_________________________



1010695

_________________________



Ex parte D.V.G.



PETITION FOR WRIT OF CERTIORARI

TO THE COURT OF CIVIL APPEALS



(In re:  D.V.G.

v.

State Department of Human Resources)



(Madison Juvenile Court, JU-97-1654.02;

Court of Civil Appeals, 2000531)



JOHNSTONE, Justice.



The petition for the writ of certiorari is denied.

Our denial of certiorari review should not be construed as an expression of opinion on the holding by the Court of Civil Appeals that the mother's failure to appeal prior dependency orders foreclosed the dependency prong of the Ex parte Beasley, 564 So. 2d 950, 954 (Ala. 1990), test for termination of parental rights and left at issue only the prong of whether there were any viable alternatives to a termination of parental rights.

WRIT DENIED.

Houston, See, Lyons, Brown, Harwood, Woodall, and Stuart, JJ., concur.

Moore, C.J., dissents.