In Interest of Clr

501 S.E.2d 296, 232 Ga. App. 134
CourtCourt of Appeals of Georgia
DecidedApril 9, 1998
DocketA98A0083
StatusPublished

This text of 501 S.E.2d 296 (In Interest of Clr) 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.

Bluebook
In Interest of Clr, 501 S.E.2d 296, 232 Ga. App. 134 (Ga. Ct. App. 1998).

Opinion

501 S.E.2d 296 (1998)
232 Ga. App. 134

In the Interest of C.L.R., a child.

No. A98A0083.

Court of Appeals of Georgia.

April 9, 1998.

*297 Cassandra M. Ford, for appellant.

Thurbert E. Baker, Attorney General, Philip B. Spivey, Shalen A. Sgrosso, Assistant Attorneys General, Jon P. Carr, for appellee.

RUFFIN, Judge.

Appellant, the mother of C.L.R., appeals from the juvenile court's orders terminating her parental rights to C.L.R. and placing her with her foster mother for adoption. The mother argues on appeal that there was insufficient evidence to support the termination order and that the juvenile court erred in not placing C.L.R. with the child's paternal grandmother. For reasons which follow, we affirm.

1. "The standard of review on appeal from a termination of parental rights is whether, after reviewing the evidence in the light most favorable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent's right to custody should be terminated. [Cit.] On appeal, `this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's factfinding and affirm unless the appellate standard is not met.' [Cit.]" In the Interest of R.D.S.P., 230 Ga.App. 205, 495 S.E.2d 867 (1998).

"`OCGA § 15-11-81(a) provides a two-step procedure to be followed in considering the termination of parental rights. First, the court shall determine whether there is present clear and convincing evidence of parental misconduct or inability as provided by OCGA § 15-11-81(b). Secondly, if there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child.' [Cit.]" In the Interest of K.J., 226 Ga.App. 303, 486 S.E.2d 899 (1997). "Parental misconduct or inability is found where (1) the child is deprived, (2) the lack of proper parental care or control by the parent in question is the cause of the child's deprivation, (3) the cause of deprivation is likely to continue or will not likely be remedied, and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-81(b)(4)(A)." *298 In the Interest of J.B.A., 230 Ga.App. 181, 182, 495 S.E.2d 636 (1998).

In this case, the evidence shows that C.L.R.'s mother has a long history of criminal arrests and incarceration, both prior to and after C.L.R.'s birth on April 25, 1994. In November 1990, the mother pleaded guilty to violating the Georgia Controlled Substances Act and was sentenced to seven years, two years to serve and the remainder on probation. She was later incarcerated from October 1991 until December 1991 for violating parole. The mother was jailed again in March 1992 for another parole violation. The mother was arrested on criminal trespass charges on December 1, 1992 and again on November 9, 1993. In late December 1993, she was arrested on charges of fighting words and criminal trespass. Approximately six weeks before giving birth to C.L.R., the mother was arrested for felony shoplifting.

C.L.R. was placed in foster care on July 13, 1994. In August 1994, the mother was arrested and incarcerated for a parole violation and a forgery charge. In October 1994 the mother pleaded guilty to the forgery charge, and her probation on the 1990 drug conviction was revoked. She was sentenced to five years on the forgery conviction to run concurrent with the five remaining years on the drug conviction. Her release date is set for August 1999, at which time C.L.R. will be five years old.

During the mother's incarceration prior to the termination hearing, she became violent. She admitted at the termination hearing that she has been disciplined four times during her current incarceration for fighting with officers and using obscene words. For example, on September 27, 1994, she attempted to strike detention officers of the Baldwin County Sheriff's Office. She was charged with obstruction of an officer. Additionally, on October 4, 1994, she began yelling and screaming in her cell. She resisted and attempted to strike officers with a glass coffee carafe as they were escorting her to another location. Because she was a "problem inmate," she was moved to the Putnam County Sheriff's Office for a period of time.

In addition to the criminal conduct and incarceration, there is evidence that the mother has a history of drug abuse. Prior to C.L.R.'s birth, the mother's parental rights in two other children were terminated, in part because of her addiction to and abuse of crack cocaine and alcohol. The mother admitted that she used crack cocaine during her pregnancy with C.L.R. C.L.R. exhibited physical signs, including tense muscles and developmental delays, that indicated her mother had used drugs during pregnancy which had affected C.L.R.

Other evidence produced at the termination hearing shows that C.L.R.'s mother is incapable and/or unwilling to care for her children. The mother's two older children, T.D.R., born November 1, 1986, and S.A.R., born February 7, 1988, were found to be deprived and removed from her care because of her history of domestic violence, fighting in the community, and drug and alcohol abuse. Despite assistance by the Department of Family & Children Services ("DFCS"), the mother could not keep food in her home for T.D.R. and S.A.R. Her rights in T.D.R. and S.A.R. were terminated in August 1990 because she failed to abide by the court-ordered reunification plans, to maintain a stable home environment, to stop using drugs, to complete drug rehabilitation treatment, and to visit her children regularly.

With respect to C.L.R., the evidence revealed that the mother did bring the child in to the Baldwin County Health Department on June 6, 1994, for a physical. Due to C.L.R.'s condition, including tremors, muscle stiffness and developmental delays, C.L.R. was scheduled to return for a checkup on June 30, 1994. However, the mother did not show at the appointed time, but arrived with C.L.R. in the late afternoon as the health department was closing. The mother was insistent that she had to leave immediately. The mother promised to return with C.L.R. at a later date for C.L.R. to receive necessary immunizations. However, the mother did not abide by her promise to return.

Between the time C.L.R. was placed in foster care on July 13, 1994 and the mother's incarceration in August 1994, the mother was scheduled to have four visits with C.L.R.

*299 She failed to appear at two of these four visits. During her incarceration, the mother at first did not want to visit with C.L.R. because she was incarcerated. C.L.R. has had approximately seven visits with her mother in prison up to the time of the termination hearing.

The mother's reunification plan was continued while she was incarcerated.

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Related

In the Interest of K. J.
486 S.E.2d 899 (Court of Appeals of Georgia, 1997)
In the Interest of T. B. R.
480 S.E.2d 901 (Court of Appeals of Georgia, 1997)
In the Interest of J. B. A.
495 S.E.2d 636 (Court of Appeals of Georgia, 1998)
In the Interest of R. D. S. P.
495 S.E.2d 867 (Court of Appeals of Georgia, 1998)
In the Interest of E. C.
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In the Interest of M. R.
444 S.E.2d 866 (Court of Appeals of Georgia, 1994)
In the Interest of C. L. R.
501 S.E.2d 296 (Court of Appeals of Georgia, 1998)

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Bluebook (online)
501 S.E.2d 296, 232 Ga. App. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-clr-gactapp-1998.