In Re ALSS

590 S.E.2d 763, 264 Ga. App. 318
CourtCourt of Appeals of Georgia
DecidedNovember 25, 2003
DocketA03A0953
StatusPublished

This text of 590 S.E.2d 763 (In Re ALSS) 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 ALSS, 590 S.E.2d 763, 264 Ga. App. 318 (Ga. Ct. App. 2003).

Opinion

590 S.E.2d 763 (2003)
264 Ga. App. 318

In the Interest of A.L.S.S., a child.

No. A03A0953.

Court of Appeals of Georgia.

November 25, 2003.

*764 McCullough & Swindell, Brantley J. Swindell, Glennville, for appellant.

Thurbert E. Baker, Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Asst. Atty. Gen., Newton, Smith, Durden, Kaufold & Rice, Sherri P. McDonald, Vidalia, for appellee.

MIKELL, Judge.

B.J., the putative father of A.L.S.S., appeals the Tattnall County Juvenile Court's order terminating his parental rights and awarding custody to the Tattnall County Department of Family and Children Services ("DFCS"). We 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 natural parent's rights to custody have been lost.[1] "We do not weigh the evidence and must defer to the trial judge as the factfinder."[2] So viewed, the evidence shows that A.L.S.S. was born on November *765 14, 1999, and placed in the custody of DFCS in state-approved foster care two days later, after she tested positive for cocaine. A.L.S.S.'s biological mother, who also tested positive for cocaine at that time, named B.J. as the child's father. On the day after A.L.S.S.'s birth, B.J. was arrested on a prior warrant for sale of cocaine and was incarcerated.

DFCS filed a deprivation petition, which the court heard on March 1, 2000. The court granted the petition, concluding that A.L.S.S. was deprived and that it was in her best interest to remain in the temporary custody of DFCS.[3] B.J., who was incarcerated when the hearing occurred but was represented by counsel, agreed that DFCS should have temporary custody of A.L.S.S. for 12 months. In its order, the court approved a reunification case plan, which set forth the following goals for B.J.: (1) maintain meaningful contact with A.L.S.S. by visiting her once a month and contacting DFCS if he could not make the visit; (2) provide financial support; (3) legitimate A.L.S.S.; (4) provide a safe, secure, permanent, nurturing home; and (5) cooperate with DFCS to complete the case goals. The order was not appealed.

In May 2000, DFCS filed a motion, requesting the nonreunification of A.L.S.S. with her parents. The court granted the motion as to the mother, but it ordered DFCS to continue to reunite A.L.S.S. with B.J. B.J. was released from prison on December 7, 2000. DFCS again moved to discontinue its efforts to reunite A.L.S.S. with B.J. On May 29, 2001, the court denied the request and gave B.J. four months to complete a case plan for reunification. On June 20, 2001, however, B.J. agreed to change the permanency plan to a nonreunification plan. On December 3, 2001, the court entered a supplemental order, incorporating the nonreunification plan.

On January 14, 2002, the court entered another order finding that A.L.S.S. was deprived and awarding DFCS temporary custody of A.L.S.S. for 12 additional months. DFCS then filed a petition to terminate the parental rights of the child's mother, putative father, and any person who may be the child's biological father. The court entered an order terminating the parental rights of the mother and any unknown biological father on May 22, 2002. After a hearing on June 27, 2002, B.J.'s parental rights were terminated.

During the hearing, five witnesses, including B.J., testified. Jennifer Conner, a former DFCS case manager, testified that she worked on the case from its inception until January 11, 2001, when she transferred the case to another case manager, Jimmy Brantley. Conner first met with B.J. in the Bryan County Jail to discuss the reunification case plan with him. B.J. told Conner that he would be released in April 2000 and that he would begin the case plan at that time, but he remained incarcerated until December 2000. During that year, he did not contribute financially to A.L.S.S.'s support or legitimate her. Conner testified that she sent B.J. notice of the case panel reviews and that he called her to discuss the new case plans, but she had no other in-person contact with him. Once B.J. was released from prison, Conner scheduled a visit for him to meet with A.L.S.S. on January 9, 2001, but he did not make that visit. She scheduled another during the next two weeks that he did attend, but by that time, the case had been transferred to her coworker, Brantley.

Brantley testified that he first met with B.J. during that January 22 visit; that B.J. arrived 15 minutes late; that A.L.S.S., who was 14 months old at the time, cried each time B.J. tried to hold her or talk to her; that A.L.S.S. would not go to B.J. but sat on her foster parent's lap during the entire visit; and that he and B.J. went over the case plan after the visit.

Brantley testified that because there was no bond between A.L.S.S. and B.J., he suggested a weekly visitation schedule, to which B.J. agreed. B.J. was 20 minutes late for the next visit on January 29, 2001, but arrived with some candy and a doll for the child. Again, A.L.S.S. would not go to him and *766 remained with her foster parent during the entire visit. B.J. told Brantley that he was working at a poultry plant and asked about parenting classes. Because the county's parenting classes had already begun, Brantley arranged one-on-one parenting classes for B.J. with a parent aide at the expense of DFCS. B.J. cancelled the next visit ten minutes before it was scheduled to begin, claiming that he was sick, the following visit because he had no transportation, and the next scheduled visit because he had to go to the unemployment office. When Brantley asked B.J. why he needed to go to the unemployment office, B.J. indicated that he had quit working at the poultry plant because it was too cold. Brantley testified that during that phone call, B.J. inquired about A.L.S.S., which he had not done on previous calls to cancel visits. After two more missed visits, Brantley reminded B.J. that he had only four months to comply with the case plan and that if he did not attempt to do so, Brantley would recommend that his parental rights to A.L.S.S. be terminated.

Brantley could not recall that B.J. visited A.L.S.S. again after January 29 but admitted, on cross-examination, that there may have been one other visit. Brantley also admitted that he offered B.J. the option of voluntarily surrendering his parental rights, as he does with every parent whose child has been in foster care for over a year, but testified that he did not think that those conversations affected B.J.'s ability to meet his case plan goals or to visit A.L.S.S.

Brantley testified that B.J. did not provide any financial support for A.L.S.S. B.J. did not attend any of the parenting classes, which were scheduled from 8:00 a.m. to 10:00 a.m. on the Mondays that he was scheduled to visit the child, beginning on February 5. During the time that B.J. was out of prison, he lived with his mother. B.J. returned to prison in April 2001 and remains incarcerated. Once the plan changed from unification to nonreunification in June 2001, B.J. was still expected to maintain contact and provide the child with some financial support, neither of which he did.

Brantley opined that the termination of B.J.'s parental rights was in the child's best interest. He explained that A.L.S.S.

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Bluebook (online)
590 S.E.2d 763, 264 Ga. App. 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-alss-gactapp-2003.