In Re Ar

726 S.E.2d 800, 315 Ga. App. 357
CourtCourt of Appeals of Georgia
DecidedMarch 30, 2012
DocketA11A1556
StatusPublished

This text of 726 S.E.2d 800 (In Re Ar) 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 Ar, 726 S.E.2d 800, 315 Ga. App. 357 (Ga. Ct. App. 2012).

Opinion

726 S.E.2d 800 (2012)
315 Ga. App. 357

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

No. A11A1556.

Court of Appeals of Georgia.

March 30, 2012.

*803 Rebecca Baxter Paris, Anthony Brent Erwin, Calhoun, for Appellant.

Holly Ann Bradfield, Samuel S. Olens, Atlanta, Shalen S. Nelson, Elinor Huff Portivent, Calandra Almond Harps, for Appellee.

PHIPPS, Presiding Judge.

We granted an application for discretionary appeal to review a juvenile court order terminating the parental rights of a biological mother to her children, A.R. and J.R. The mother contends that the evidence was insufficient to support many of the juvenile court's factual findings. Because we find no reversible error, we affirm.

In reviewing a juvenile court's decision to terminate parental rights, we view the evidence in the light most favorable to the juvenile court's disposition and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody should be terminated. In so doing, we do not weigh the evidence or determine the credibility of witnesses; rather, we defer to the juvenile court's fact-finding and affirm unless the appellate standard is not met.[1]

Viewed in the light most favorable to the juvenile court's findings,[2] the record shows that on November 3, 2008, the mother of two-year-old A.R. and one-year-old J.R. told her roommates that she was going to kill herself and locked herself in a bathroom with a knife. The roommates called the police, and the mother was taken to an emergency room. At the hospital, a case manager with the Georgia Department of Human Resources, Division of Family & Children Services (DFCS) interviewed the mother, who stated that she was suicidal because neither she nor her children had eaten in 24 hours; she had no family, no money, no food, and no other resources; and she was about to be evicted from her residence. When asked about the children's whereabouts, the mother gave several different answers. Finally, she stated that the children were at home but she was not sure who was supervising them.

The case manager arrived at the home late that night and both children were awake, but were not clean and appeared to be wearing soiled diapers. There were several adults in the home, but it was not clear who was supervising the children. J.R. was in a room alone, lying on a mattress. One child had bruises on the buttocks and marks on the legs. The case manager took the children into emergency custody.

On November 10, 2008, DFCS filed a deprivation petition. The children were still in DFCS's custody at the time. On November 19, 2008, with her attorney, the mother appeared before the court for a hearing[3] on the deprivation petition, and she consented to the entry of an order of adjudication and disposition finding her children to be deprived and placing temporary legal custody of the children with DFCS for one year. In December 2008, the court found that the children were deprived as defined in OCGA § 15-11-2(8)(A), and found that the causes of deprivation were the mother's "neglect/lack of supervision; and the mother's financial inability to provide proper parental care, control and supervision for the children."

The court ordered DFCS to prepare a case plan for reunification. The court specifically ordered that the case plan be submitted to the court "to become the Court Ordered plan of care unless a party appeals the plan as *804 provided by law. The mother ... shall successfully complete the goals established in said plan before the children may be returned home." A case plan was developed for each child. The mother attended the case plan meeting and participated in the development of the case plans. She never requested a formal review of the case plans, which on January 9, 2009, were made an order of the court.

The case plans required the mother, for a minimum of six consecutive months, to obtain and maintain a source of income and to provide the DFCS case manager with monthly verification of income. The mother was also required, for a minimum of six consecutive months, to obtain and maintain stable, clean, and safe housing, and to provide her case manager with monthly verification that rent and utility payments were current. The mother was required to cooperate with a parent aide and follow the aide's recommendations. The mother was required to attend and successfully complete a psychological evaluation, including a parental fitness evaluation, and to follow all recommendations of a licensed treatment provider. The case plans also required that the mother attend all hearings, appointments with DFCS, case plan reviews, and scheduled visits with her children, and that she notify DFCS of all address changes within 48 hours.

On April 13, 2009, DFCS filed a motion for judicial review, alleging that the mother had failed to attend the last two periods of unsupervised visits with the children and that she had moved to Tennessee, without informing the case manager. After a hearing, the court suspended the mother's unsupervised visitations, but did allow for supervised visitation, and ordered that the mother continue to address the other issues identified in her case plans until further review.

On October 26, 2009, DFCS filed another motion for judicial review, this time alleging that the mother had failed to attend the last two scheduled visits with the children and had moved to Michigan without informing the case manager. DFCS filed also a motion to extend for a year the temporary order of deprivation and custody, which was due to expire on November 2, 2009. After a hearing, the court found (among other things) that returning the children to the mother's home would be contrary to their welfare because the mother "was not sufficiently stable residentially or economically and she ha[d] not maintained a consistent bond with her children." The court further found that the children were deprived and extended temporary custody of the children to DFCS by order issued on May 26, 2010, "nunc pro tunc for December 2, 2009."

On November 30, 2009, DFCS filed a complaint and petition to terminate the mother's parental rights. At the termination hearing, the mother was present with an attorney. The parties stipulated to the admission of all previous court orders and to admission of a psychological evaluation report of the mother.

Recognizing that the mother had no family resources or support in Georgia, the DFCS case manager who had been assigned the case testified that she had placed a parent aide and a counselor in the home to work with the mother. These services were discontinued however, in March 2009 when the mother moved to Tennessee. The case manager testified that the mother called her within a week or two after she moved to Tennessee, but a period of six months had passed without the mother having any visitation with her children. On one occasion, the mother spoke with the children on the phone and on another occasion, she sent a letter with $140 enclosed for J.R.'s birthday.

The case manager testified that she could offer no services to the mother while she was in Tennessee until an evaluation through the Interstate Compact on the Placement of Children (ICPC)[4] was completed.

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Bluebook (online)
726 S.E.2d 800, 315 Ga. App. 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ar-gactapp-2012.