Baugh v. Robinson

Court of Appeals of Georgia

Baugh v. Robinson

346 S.E.2d 918, 179 Ga. App. 571, 1986 Ga. App. LEXIS 2641

CourtCourt of Appeals of Georgia

DecidedJuly 1, 1986

Docket71888

StatusPublished

Cited by9 cases

This text of 346 S.E.2d 918 (Baugh v. Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baugh v. Robinson, 346 S.E.2d 918, 179 Ga. App. 571, 1986 Ga. App. LEXIS 2641 (Ga. Ct. App. 1986).

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Opinions

Benham, Judge.

Appellant brings this appeal from the trial court’s order terminating his parental rights in his daughter and granting the adoption petition of the child’s maternal grandparents. The hearing which [572]*572culminated in the trial court’s order was not reported; therefore, no transcript is available for review. In its order the trial court found the child’s mother to have given voluntary written consent to the adoption (see OCGA § 19-8-3 (a) (3)); appellant to have wilfully abandoned the child by failing to support the child for the twelve-month period preceding the filing of the adoption proceeding; and it to be in the child’s best interests to grant the adoption petition. See OCGA § 19-8-6 (b).

Appellant contends he was denied due process, a fair and impartial hearing, and the opportunity to present his case. He also maintains the trial court was biased. Each of appellant’s enumerated errors requires review of the hearing transcript or the accepted substitute therefor. See OCGA § 5-6-41 (g) and (i). In the absence of a transcript, we must assume the trial court’s findings were supported by evidence presented (Gaskins v. Fowler, 171 Ga. App. 681 (2) (320 SE2d 890) (1984)), and the actions taken by the trial court during the hearing were appropriate. See Burns v. Barnes, 154 Ga. App. 802 (270 SE2d 57) (1980).

As pointed out by the dissent, the Department of Human Resources is statutorily required to prepare a report and recommendation concerning the adoption petition. OCGA §§ 19-8-11 and 19-8-12. However, there is no requirement that the report be entered into evidence, (Hayes v. Watkins, 163 Ga. App. 589 (3) (295 SE2d 556) (1982)), and there was no issue concerning the report raised at trial or on appeal. Therefore, the lack of such a report in the record is not reversible error.

Judgment affirmed.

Banke, C. J., Deen, P. J., Birdsong, P. J., Carley, Pope, and Sognier, JJ., concur. McMurray, P. J., concurs in the judgment only. Beasley, J., dissents.

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Benham, Judge.

Appellant brings this appeal from the trial court’s order terminating his parental rights in his daughter and granting the adoption petition of the child’s maternal grandparents. The hearing which [572]*572culminated in the trial court’s order was not reported; therefore, no transcript is available for review. In its order the trial court found the child’s mother to have given voluntary written consent to the adoption (see OCGA § 19-8-3 (a) (3)); appellant to have wilfully abandoned the child by failing to support the child for the twelve-month period preceding the filing of the adoption proceeding; and it to be in the child’s best interests to grant the adoption petition. See OCGA § 19-8-6 (b).

Appellant contends he was denied due process, a fair and impartial hearing, and the opportunity to present his case. He also maintains the trial court was biased. Each of appellant’s enumerated errors requires review of the hearing transcript or the accepted substitute therefor. See OCGA § 5-6-41 (g) and (i). In the absence of a transcript, we must assume the trial court’s findings were supported by evidence presented (Gaskins v. Fowler, 171 Ga. App. 681 (2) (320 SE2d 890) (1984)), and the actions taken by the trial court during the hearing were appropriate. See Burns v. Barnes, 154 Ga. App. 802 (270 SE2d 57) (1980).

As pointed out by the dissent, the Department of Human Resources is statutorily required to prepare a report and recommendation concerning the adoption petition. OCGA §§ 19-8-11 and 19-8-12. However, there is no requirement that the report be entered into evidence, (Hayes v. Watkins, 163 Ga. App. 589 (3) (295 SE2d 556) (1982)), and there was no issue concerning the report raised at trial or on appeal. Therefore, the lack of such a report in the record is not reversible error.

Judgment affirmed.

Banke, C. J., Deen, P. J., Birdsong, P. J., Carley, Pope, and Sognier, JJ., concur. McMurray, P. J., concurs in the judgment only. Beasley, J., dissents.

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346 S.E.2d 918, 179 Ga. App. 571, 1986 Ga. App. LEXIS 2641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baugh-v-robinson-gactapp-1986.

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