In Re Ah

628 S.E.2d 626, 278 Ga. App. 192
CourtCourt of Appeals of Georgia
DecidedMarch 13, 2006
DocketA05A2170
StatusPublished

This text of 628 S.E.2d 626 (In Re Ah) 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 Ah, 628 S.E.2d 626, 278 Ga. App. 192 (Ga. Ct. App. 2006).

Opinion

628 S.E.2d 626 (2006)
278 Ga. App. 192

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

No. A05A2170.

Court of Appeals of Georgia.

March 13, 2006.

*628 James K. Anagnostakis, Douglasville, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, T. Michael Flinn, Carrollton, for appellee.

BARNES, Judge.

A juvenile court terminated the parental rights of the mother and putative fathers as to the children Z.H. and M.H.[1] The mother appeals the juvenile court's order contending that her failure to comply with the case plan was justifiable, the State did not show by clear and convincing evidence that the deprivation was likely to continue or cause harm, and that the Department of Family and Children Services had failed to pursue alternatives to the termination. We find no error and therefore affirm.

"On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether any rational trier of fact could have found by clear and convincing evidence that the biological parent's rights to custody have been lost." (Footnote omitted.) In the Interest of F.C., 248 Ga.App. 675, 549 S.E.2d 125 (2001). A juvenile court's termination of parental rights is a two-step process:

The first step requires a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) lack of proper parental care or control is the cause of the deprivation; (3) such cause of deprivation is likely to continue; and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors are satisfied, the court must then determine whether termination of parental rights is in the child's best interest, considering physical, mental, emotional, and moral condition and needs, including the need for a secure and stable home.

(Footnotes omitted.) In the Interest of T.F., 250 Ga.App. 96, 98(1), 550 S.E.2d 473 (2001). See OCGA § 15-11-94(a), (b)(4)(A)(i)-(iv).

Viewed in the light most favorable to the juvenile court's judgment, the record shows that the Carroll County Department of Family and Children Services ("DFACS") first became involved with the children after receiving information that they were living in unfit conditions. It is not clear from the record when this investigation was initiated. The mother entered into a safety plan with DFACS. On September 12, 2003, during a home visit, DFACS discovered that the mother had been arrested for prescription drug fraud, and the children were living with M.H.'s paternal grandmother, an alleged methamphetamine dealer. DFACS filed a deprivation complaint, and the juvenile court subsequently entered a shelter care order for the children. Following a 72-hour hearing, the court found probable cause of deprivation because the parents "have subjected the children to illegal drug activity, violated the safety plan with the Department, were arrested..., and left the minor children in the care of a known drug addict and dealer," and granted DFACS temporary custody. DFACS filed a deprivation petition alleging that the children were in need of protection because they had been found living in unfit conditions "and the electricity in the home had just been reconnected," the mother signed a safety plan but did not comply with it, the mother was arrested, and the mother had allowed the children to live with a drug abuser and dealer. Following a hearing in October 2003, the court returned custody of the children to DFACS, but placed the mother under a protective order that required her *629 to submit to random drug screenings, obtain a psychological evaluation and counseling, stabilize her work and home situation, and obtain a valid identification card.

In December 2003, DFACS filed another deprivation complaint on behalf of the children after receiving a report that the mother had failed to comply with a drug treatment program, failed to comply with the conditions of the protective order, and had driven with the children in the car while under the influence of drugs. Another shelter care order was issued, and following the 72-hour hearing, the court once again found probable cause of deprivation and placed the children in the temporary custody of DFACS. At this hearing, the mother's caseworker testified that DFACS had received information from three separate sources regarding the mother's alleged drug usage, including a positive drug screen. The mother said that she was not stable enough at that time to care for her minor children. DFACS moved and the court ordered that the children be placed in the home of the maternal grandparents. At the January 15, 2004 deprivation hearing, a new case plan was incorporated into the order finding the children deprived that required the mother to complete parenting classes, obtain and maintain housing and income, complete parenting classes, complete a drug treatment program, follow treatment recommendations for physical and mental health care providers, and remain drug and alcohol free for six months. The court approved reunification as the permanency plan. The mother appealed from this deprivation order, but later withdrew it.

In February 2004, the mother was arrested and incarcerated for shoplifting, and in March DFACS prepared a new case plan with substantially the same goals as the earlier plan. A subsequent review panel noted that all of the goals were ongoing, and recommended continued placement in foster care with the maternal grandparents. After several continuances, the court conducted a review hearing in June 2004, after which it found that the mother was currently enrolled in yet another drug treatment facility, and had failed to make any progress on her reunification case plan goals. A Court Appointed Special Advocate report noted that the mother had been "in and out" of several drug rehabilitation facilities, and that the children had adapted well to foster placement and needed to remain in that placement until the mother resolved her drug addiction.

A new case plan recommending nonreunification and adoption was submitted in which it was noted that the mother had no visitations with her children in part because of her conduct around them, as well as her drug use. In February 2004, the mother had returned the children three hours late after a visit and appeared erratic and intoxicated. On another visit she was so intoxicated that she could not speak clearly and was barely conscious.

In October 2004, when DFACS filed a petition to terminate the mother's parental rights, the mother was served by publication because her whereabouts were unknown. In January 2005, the court conducted a hearing on the petition, and after hearing testimony from the mother, several caseworkers, and the foster parents, terminated the mother's parental rights. She now appeals.

1.

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Bluebook (online)
628 S.E.2d 626, 278 Ga. App. 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ah-gactapp-2006.