In Re Ag

652 S.E.2d 616
CourtCourt of Appeals of Georgia
DecidedOctober 3, 2007
DocketA07A1630
StatusPublished

This text of 652 S.E.2d 616 (In Re Ag) 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 Ag, 652 S.E.2d 616 (Ga. Ct. App. 2007).

Opinion

652 S.E.2d 616 (2007)

In the Interest of A.G. et al., children.

No. A07A1630.

Court of Appeals of Georgia.

October 3, 2007.

*617 Curtis W. Miller, Lithonia, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn Ann Fox, Assistant Attorney General, Lytia G. Brown, Atlanta, for appellee.

BERNES, Judge.

The mother of A.G. and U.O. appeals from the juvenile court's order terminating her parental rights. Appellant contends that there was insufficient evidence to support the juvenile court's findings. We disagree and affirm.

On appeal, we review the evidence in the light most favorable to the [trial] court's judgment in order to determine whether "any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost." (Citation omitted.) In the Interest of T.C., 282 Ga.App. 659, 660, 639 S.E.2d 601 (2006). We neither weigh evidence nor determine witness credibility, but defer to the trial court's findings of fact and affirm unless the appellate standard is not met. Id.

So viewed, the record reflects that on July 2, 2002, the Fulton County Department of Family and Children Services ("DFCS") filed a protective order complaint and deprivation petition on behalf of A.G., appellant's one-week-old daughter, after appellant tested positive for cocaine during her pregnancy. The juvenile court held a hearing and entered a consent protective order allowing appellant to retain custody of A.G. and her three siblings[1] if she entered into a substance abuse treatment program; completed it successfully; and maintained stable housing. The juvenile court conducted a review hearing on November 15, 2002, and entered an order finding that appellant was cooperating with DFCS and working on her substance abuse program, although she was not attending regularly. The court allowed appellant to retain custody of A.G. and her siblings so long as she continued to progress in her treatment program and cooperate with DFCS.

On February 4, 2003, the juvenile court again held a hearing and entered an order finding that appellant had tested positive for cocaine and was having trouble complying with the requirements of her outpatient drug treatment program. The court allowed A.G. and her siblings to remain in appellant's custody, so long as she enrolled in and was compliant with drug treatment and remained drug free. Again on February 21, 2003, the juvenile court held a hearing and entered an order finding that appellant was not complying with drug treatment and was not cooperating with DFCS. The court nonetheless allowed A.G. and her siblings to remain with appellant on the conditions that appellant immediately enroll in a drug treatment program, remain drug free, and cooperate with DFCS.

Following a hearing on April 25, 2003, the juvenile court entered an order granting DFCS temporary custody of A.G. The juvenile court found that appellant was not enrolled in a drug treatment program and had refused the DFCS case manager access to her home.

On January 20, 2004, DFCS filed a deprivation petition as to A.G. and her siblings with the juvenile court, alleging that appellant failed to complete a drug treatment program or remain drug free; did not have stable housing; and was unable to financially provide for the children. The juvenile court held a hearing on the petition and issued an order finding that A.G. and her siblings continued to be deprived. In support of its deprivation finding, the court noted that appellant had not completed a drug treatment program or remained drug free, and did not have a stable home or employment.

On August 23, 2004, DFCS filed a motion for nonreunification. It alleged that appellant had failed to successfully complete a drug treatment program and remain drug free; failed to submit to random drug screens; failed to obtain stable housing or *618 employment; and failed to complete parenting classes.

While the non-reunification motion as to A.G. and her siblings was pending in the juvenile court, appellant gave birth to another child, U.O., on October 12, 2004. Shortly after his birth, the juvenile court authorized shelter care for U.O. DFCS also filed a deprivation complaint alleging that, although U.O. had not been born with drugs in his system, A.G. and appellant's three other children were in DFCS custody and appellant had been "completely noncompliant" with her case plan and drug treatment. The juvenile court, however, found that U.O. was not deprived and dismissed the case.

On January 19, 2005, the juvenile court entered an order granting nonreunification on behalf of A.G. and three of her siblings, excluding U.O. The juvenile court found that appellant had not completed her case plan goals and, specifically, had failed to complete a drug treatment program or remain drug free; failed to submit to random drug screens; failed to obtain stable housing or employment; and failed to complete parenting classes.

DFCS again filed a deprivation complaint on behalf of U.O. on April 9, 2005, based upon allegations that appellant's roommate called the police believing that appellant had abandoned U.O. Appellant had left U.O. unattended with the sleeping roommate without first notifying the roommate that she was leaving. When appellant returned home, she appeared intoxicated. The juvenile court entered a probable cause order finding U.O. to be deprived and authorizing the child's removal to shelter care.

DFCS subsequently filed a deprivation petition on behalf of U.O., alleging that appellant had left U.O. unattended and that she had failed to complete her case plan goals regarding A.G. and her other children. DFCS served appellant notice of the proceedings by publication because her location was unknown. The case plan for U.O. also required that appellant attend drug treatment; provide stable housing; schedule and attend parenting classes; and continue working on her case plan for A.G. and the other children.

On June 10, 2005, DFCS filed a petition to terminate the parental rights of appellant as to A.G. and U.O., alleging that the children remained deprived because appellant continued to use and abuse illegal drugs, and otherwise failed to comply with her case plan goals without justifiable cause for more than a year prior to the termination petition.

While the termination petition was pending, the juvenile court held a final dispositional hearing on behalf of U.O., and ordered that DFCS be granted custody of the child. The juvenile court subsequently entered an order in which it found U.O. to be deprived.

On June 19, 2006, DFCS filed a second petition for termination of appellant's parental rights as to A.G. and U.O. The petition alleged that appellant continued to use and abuse illegal drugs and that she had failed to complete any of her case plan goals in order to reunify with her children. It further alleged that appellant had not communicated in a meaningful way with the children for over one year and had not visited them on a consistent basis.

The juvenile court conducted a hearing on the termination petition on February 21, 2007.

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Bluebook (online)
652 S.E.2d 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ag-gactapp-2007.