In Re Ak

612 S.E.2d 581, 272 Ga. App. 429
CourtCourt of Appeals of Georgia
DecidedMarch 23, 2005
DocketA05A0670
StatusPublished

This text of 612 S.E.2d 581 (In Re Ak) 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 Ak, 612 S.E.2d 581, 272 Ga. App. 429 (Ga. Ct. App. 2005).

Opinion

612 S.E.2d 581 (2005)
272 Ga. App. 429

IN THE INTEREST OF A.K., a child.

No. A05A0670.

Court of Appeals of Georgia.

March 23, 2005.

*583 Victoria Rowan, Douglasville, for appellant.

Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Andrea Moldovan, Douglasville, for appellee.

JOHNSON, Presiding Judge.

This is an appeal from an order of the juvenile court terminating the mother's parental rights to A.K., a seven-year-old child. The mother contends there was not clear and convincing evidence of her inability to properly care for A.K. or clear and convincing evidence that the child's continued deprivation was likely to cause her serious physical, mental, emotional or moral harm. The mother also alleges that the trial court erred in failing to require the Douglas County Department of Family and Children Services (DFCS) to attempt to place the child with a suitable family member. We find no reversible error and affirm the juvenile court's order terminating the mother's parental rights. However, because the record contains insufficient evidence regarding DFCS's efforts to locate a suitable relative placement for A.K., we remand the case to the juvenile court for further determination regarding placement.

The evidence presented at the parental rights termination hearing revealed the following: Douglas County DFCS removed A.K. from her mother's care on February 12, 2002, following a neglect referral. The investigation revealed that six adults and the minor child were living in a three-bedroom residence, the residence was dirty, there was a lack of food, the minor child was developmentally delayed and her special needs were not being met, the minor child had multiple physical problems such as head lice, decayed teeth and swollen hands and feet, the minor child was not being properly supervised, and the minor child's mother had mental health problems.[1] DFCS filed a deprivation petition, which was delayed so the mother could undergo a psychological evaluation.

On August 30, 2002, the juvenile court held a hearing on DFCS's deprivation petition. The mother's evaluating psychologist testified that the mother had borderline intellectual functioning, elevated scores on the child abuse potential inventory test to the extent that she is at high risk of physical abuse of the child, a cognitive disorder and various other disorders. The psychologist doubted that the mother could parent A.K., even with extensive psychological intervention. The court adjudicated A.K. deprived and awarded temporary custody to DFCS. The order also incorporated a case plan which required the mother to (1) gain transportation and maintain employment or consistent income, (2) improve her parenting skills that are specific to A.K.'s needs, (3) obtain and maintain housing that meets A.K.'s needs, (4) become aware of A.K.'s needs and exhibit knowledge of the needs, (5) submit to a psychological evaluation and follow any recommendations for follow-up care, (6) maintain her emotional bond with A.K., (7) support A.K. financially, and (8) have A.K.'s medical and developmental needs met.

During the next 17 months, the juvenile court held judicial reviews and found that the mother had failed to comply with her case plan requirements. The overall permanency plan was changed from reunification to termination of parental rights. On February 6, 2004, DFCS filed a petition to terminate the mother's parental rights.

At the termination hearing, the mother testified that she had lived in nine residences since A.K. was removed from her custody, and she attributed her numerous moves to the fact that she could not get along with anyone. While the mother claimed she and her husband had lived in their current apartment for seven months and had a roommate *584 who intended to leave that week, she acknowledged that her apartment was not yet ready for A.K. because she was in the process of moving her belongings from her mother's house and her possessions were stacked in the apartment.

The mother admitted that she did not pay child support for A.K. She testified that no one asked her to pay child support, although the foster care supervisor testified that the department referred the mother to the Office of Child Support Enforcement when A.K. came into care. The mother testified that she had not worked since 2000, but had received SSI benefits because of her bipolar disorder and chronic lumbar disk problems. The mother acknowledged that her father handled her money.

The mother conceded that she failed to comply with her case plan goal requiring her to obtain counseling. She attended counseling only three times after A.K. was removed from her custody and last saw a counselor in February 2004. She explained that she stopped going to counseling because she did not think she needed it. She also claimed she could not pay the fees; however, she never discussed her purported inability to pay with DFCS. On cross-examination, the mother admitted that her case plans allowed her to attend counseling at the county health department or provider of her choice, and she reiterated that she did not need counseling.

The mother also testified that she had not seen a mental health physician since February 2004 because she had transportation problems.[2] When her bipolar medication prescription expired, she did not obtain a refill or make an appointment to obtain one. She told the court that she had not needed the medication and thought she would wait until she lost control before she took it again. She admitted that when she did not take her medication, she lost her temper more easily and was not certain what she might do. The mother testified that she took medication three times a day to treat muscle spasms, she took morphine twice a day and another drug once a day for pain associated with her back problems, and she was supposed to take another medication, but took herself off that one.

According to the mother, she had missed about half of her scheduled visits with A.K. since February 2004, which she acknowledged was not a good visitation record. She blamed missed visits on taking care of her sick mother, her own illnesses, and a lack of transportation, though she lived within walking distance of the visitation location. The foster care supervisor testified that she observed a few of the scheduled visits and noted very little interaction between the mother and A.K.; the mother even slept in a chair during one visit.

With regard to the case plan requirement that she become aware and exhibit knowledge of A.K.'s needs, the mother stated merely that A.K. was slow and the mother would try and speed her up a little. The mother revealed that she also had a nine-year-old son and an eight-year-old son who had lived with her parents most of their lives because she was unable to take care of them when they were born.

The psychologist who evaluated the mother testified that her overall IQ score was 70, which is in the borderline range, but that she was not functioning well for a person normally in that range. He also gave her the child abuse potential inventory. The cut-off scores for that test are 166-215, and the mother's score was 270. Therefore, he concluded, she was at risk of engaging in acts of physical child abuse. The psychologist further testified that he evaluated A.K. and found that she was a special needs child with developmental disorders and seizures. Given the mother's problems, he opined it would be difficult for her to provide the care that a special needs child would require.

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Bluebook (online)
612 S.E.2d 581, 272 Ga. App. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ak-gactapp-2005.