In Re ACO

605 S.E.2d 77, 269 Ga. App. 667
CourtCourt of Appeals of Georgia
DecidedSeptember 21, 2004
DocketA04A1425
StatusPublished

This text of 605 S.E.2d 77 (In Re ACO) 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 Re ACO, 605 S.E.2d 77, 269 Ga. App. 667 (Ga. Ct. App. 2004).

Opinion

605 S.E.2d 77 (2004)
269 Ga. App. 667

In the Interest of A.C.O., et al., children.

No. A04A1425.

Court of Appeals of Georgia.

September 21, 2004.

Vincent D. Sowerby, Brunswick, for Appellant.

Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Nelson Senior Assistant Attorney General, Laura W. Hyman, *78 Assistant Attorney General, James A. Chamberlin, Jr., Brunswick, for Appellee.

SMITH, Chief Judge.

The biological father of five of eight children and the mother of all eight[1] appeal an order terminating their parental rights. In a single enumeration of error, they contend that the trial court erred in terminating their parental rights, asserting that the evidence was not sufficient to support a finding of parental misconduct or inability by clear and convincing evidence. After review of the record, we find otherwise and affirm.

1. In considering a challenge to the sufficiency of the evidence in a termination of parental rights case, the evidence must be reviewed in the light most favorable to the court's determination. In the Interest of D.B., 242 Ga.App. 763, 531 S.E.2d 172 (2000). When the evidence shows that any rational trier of fact could have found by clear and convincing evidence that the biological parent's rights have been lost, we defer to the juvenile court's factfinding. Id.

So viewed, the evidence shows that appellants had a lengthy and extensive history of neglecting the children. In 1997, the Department of Family and Children Services (DFACS) took emergency custody of A.C.O., F.R.O., W.L.R., and H.L.O., ranging in age from five years to eight months, after they were found at home alone. After a hearing, the juvenile court found them to be deprived. In 1999, DFACS took emergency custody of sixteen-month-old W.L.O. and five-month-old R.L.O. after W.L.O. was found to have two fractures at different stages of healing, and the treating physician opined that this was "at least consistent with child neglect." At the time, the mother was homeless and the father was incarcerated. The juvenile court also found these children to be deprived. In 2000, DFACS obtained emergency custody of five-day-old K.L.O. because the appellant mother had no permanent residence, and the juvenile court entered a consent deprivation order. Finally, in 2001, DFACS obtained emergency custody of three-day-old J.D.R., and the juvenile court found the child to be deprived. As appellants acknowledge, neither these orders nor successive continuation orders finding the children to be deprived were appealed.

The original case plan proposed by DFACS for the first four children sought reunification of the family and set five goals: (1) maintain a relationship with the children; (2) be able to provide for the children's basic needs; (3) maintain stable employment; (4) complete parenting classes; and (5) cooperate with DFACS. Over the five-year period during which additional children were taken into DFACS custody, additional goals were added: (1) to visit the children; (2) to be drug and alcohol free; (3) to seek counseling for domestic violence; and (4) to pay child support. Concurrent reunification and nonreunification plans were developed in 2001, and in 2002 a plan proposing termination of parental rights was changed to reunification. After the children's court-appointed special advocate (CASA) recommended termination of parental rights, however, DFACS proposed a permanency plan of adoption for all eight children in May 2003. A petition for termination of parental rights was filed in March 2003, and a hearing was held in June 2003. In its order, the juvenile court found that the petitioner had shown clear and convincing evidence of parental misconduct, that the children are deprived, and "that such deprivation is likely to continue and will likely cause serious physical, mental or emotion harm to the children." The court found that it was in the best interests of the children for appellants' parental rights to be terminated. This appeal followed.

The termination of parental rights requires the juvenile court to undertake the two-step process outlined in OCGA § 15-11-94(a), first considering the four findings outlined in OCGA § 15-11-94(b)(4)(A). Because the parents did not appeal the juvenile court's finding of deprivation, they remain bound by that finding, leaving for determination only *79 the remaining three criteria under that subsection. See In the Interest of J.S.G., 242 Ga.App. 387, 388(1), 529 S.E.2d 141 (2000). Those three criteria require proof that:

(ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.

OCGA § 15-11-94(b)(4)(A). The court then considers whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child. OCGA § 15-11-94(a).

Here, the record contains evidence of all these factors. A DFACS caseworker testified that the parents had made progress in some of their case plan goals but had failed to comply with others, including failure to maintain a relationship with the children, failure to support the children, failure to complete parenting class, and failure to get counseling to deal with domestic violence and alcohol abuse. While the parents had visited the children more consistently during the year before the hearing, they had not maintained regular visits in the preceding years. The children were reluctant to go on supervised visits and hid or ran away from the parents; they were "nervous" and not "receptive" to contact; witnesses concluded that visitation was traumatic for the younger children and caused the older children anxiety. The father denied that the visits were traumatic for the children, contending that visits went well and the other witnesses were lying. While he acknowledged that the visits were "dramatic" for one child, K.L.O., he asserted that this was the fault of DFACS personnel and the foster parents, who "are spoiling him entirely too much."

A child support enforcement agent testified that the parents had signed consent agreements to pay child support but that both were substantially in arrears. While the father had made "several" payments personally, the majority of the monies received from him were through income withholding, tax refund intercepts, and unemployment benefits, and all the payments received from the mother were from tax refund intercepts.

The mother acknowledged that she had a history of domestic violence problems, including with the appellant father, and arrests for public drunkenness and DUI.

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Bluebook (online)
605 S.E.2d 77, 269 Ga. App. 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aco-gactapp-2004.