In Re Am

702 S.E.2d 686
CourtCourt of Appeals of Georgia
DecidedOctober 6, 2010
DocketA10A0883
StatusPublished

This text of 702 S.E.2d 686 (In Re Am) 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 Am, 702 S.E.2d 686 (Ga. Ct. App. 2010).

Opinion

702 S.E.2d 686 (2010)

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

No. A10A0883.

Court of Appeals of Georgia.

October 6, 2010.

*687 Paul N. Monnin, Atlanta, for Appellant.

Thurbert E. Baker, Atlanta, Shalen S. Nelson, Bruce A. Kling, Elizabeth M. Williamson, for Appellee.

MILLER, Chief Judge.

The mother and father of A.M., An.M.,[1] D.M., E.M., and M.M. appeal the juvenile court's order granting the Department of Family and Children Services' motion to extend custody with the Department and to discontinue efforts to reunify the parents with their children. The parents claim that the trial court erred in (i) finding that reasonable efforts for reunification would be detrimental to the children, (ii) misreading the requirements of their case plan, and (iii) holding that they suffered from a "medically verifiable deficiency" related to their mental status. The parents also argue that the trial court erred in "giving weight" to the Department's opinions as to the parents' competency because the Department failed to meet its case plan goals by not providing the parents with a Spanish-speaking parental aide. Inasmuch as the trial court erred in finding that the parents suffered from a medically verifiable deficiency of their mental health such as to render them incapable of providing for the physical needs of the children, we vacate the trial court's order terminating reunification services and remand the case with direction. For the reasons set forth below, we affirm the trial court's order extending custody of the children with the Department.

As a rule, if the juvenile court places custody of a child with the Department, "reasonable efforts shall be made to preserve and reunify families ... [t]o make it possible for a child to return safely to the child's home." OCGA § 15-11-58(a)(2). The Department may, however, recommend that reunification services are not appropriate. See OCGA § 15-11-58(e), (f). Pursuant to OCGA § 15-11-58(h),

[w]hen reviewing the determination by the [Department] that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated.

As the appellate court, we view the evidence in the light most favorable to the trial court's judgment to "determine whether any rational trier of fact could have found by clear and convincing evidence that reasonable efforts to reunify the children with their [parents] would be detrimental to them and therefore reunification services should be [terminated]." (Footnote omitted.) In the Interest of S.L.E., 280 Ga.App. 145, 146-147(1), 633 S.E.2d 454 (2006).

So viewed, the evidence shows that in July 2008, A.M., An.M., M.M., and E.M., all of whom were under the age of four, were placed in shelter care. According to the shelter care order, the children were referred to the Department due to serious health concerns, particularly malnutrition. D.M. was born in November 2008, and taken into Department care shortly thereafter. The trial court subsequently found the children to be deprived and placed legal custody of the children in the Department for a year from the date of their removal from the home. The trial court also found that before the Department sought custody An.M. and E.M. were hospitalized for treatment for malnutrition and that their condition worsened upon release to their parents.

In June 2009, the Department filed motions to extend custody of the children with the Department and for nonreunification. At the evidentiary hearing, the case manager, Barbara Clark, explained the array of medical issues facing the children. A.M. and An.M., the oldest, were twins. As described *688 by Clark, both have deformities to their face. They have frequent bouts of pneumonia and chest infections. An.M. is on a feeding tube and experiences seizures. E.M. and M.M. require feeding tubes because they are developmentally delayed and cannot swallow. The youngest, D.M., although described as the healthiest child, has a brain shunt inserted into her head which requires monitoring.

Clark also described the parents' progress on their case plan. According to Clark, the parents had sufficient housing; they were both employed; they had paid approximately $1,200 in child support; they submitted to psychological examinations; they completed parenting classes; and they had regular visits with the children. Nevertheless, Clark opined that the parents had not progressed sufficiently in understanding the children's medical needs to allow unsupervised visitation. As an example, she cited the parents' failure to purchase a high chair which suited An.M.'s need to sit straight up.

According to Clark, the Department used a "bilingual contractor," Debbi Castillo, to provide "hands on directional parenting" services. Castillo testified that she interacted with the parents on a "one on one" basis, and that based on her observations the parents were not able to care for their children because the children have too many special needs, "extremely, extremely" so, and that the parents "take forever to learn things." As an example, she cited the parents' problems in getting the children's food thickener "to be just right" so that the food would not be so thin as to cause the children to aspirate. According to Castillo, however, the parents "learn things eventually."

The parents do not speak any English. On cross-examination, Castillo admitted that her formal training in Spanish consisted of one three-month class, and she rated her Spanish as "[k]ind of like a small child." According to the mother, Castillo used English and Spanish words together, and she did not understand the English words.

The foster mother testified that she witnessed behavior by the parents that disturbed her. This included an incident in which the father upset E.M. to the point of crying by putting her in a stroller and walking away repeatedly while laughing, and another incident in which the parents were argumentative with the children's pediatrician as to whether the children were malnourished. The foster mother's diary of personal observations recounted that the parents missed the children's medical appointments, interfered with the children's therapy, and had continuing trouble with the children's medication.

Findings in the parents' psychological evaluations, which are discussed in further detail in Division 5, infra, showed that "the parents have little understanding of the proper care of their children," and poor parental competence.

1. Although the parents contend that the trial court erred in granting both the Department's motion to extend custody and motion to terminate reunification efforts, the parents present no argument to support their general assertion that the grant of the motion to extend custody of the children with the Department was erroneous. Accordingly, the parents' claim that the trial court erred in granting the Department's motion to extend custody is deemed abandoned under Court of Appeals Rule 25(c)(2). See Kemp v.

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702 S.E.2d 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-am-gactapp-2010.