In Re BJF

623 S.E.2d 547, 276 Ga. App. 437
CourtCourt of Appeals of Georgia
DecidedNovember 18, 2005
DocketA05A0884
StatusPublished

This text of 623 S.E.2d 547 (In Re BJF) 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 BJF, 623 S.E.2d 547, 276 Ga. App. 437 (Ga. Ct. App. 2005).

Opinion

623 S.E.2d 547 (2005)
276 Ga. App. 437

In the Interest of B.J.F., a Child.

No. A05A0884.

Court of Appeals of Georgia.

November 18, 2005.

*548 Roderick Martin, David Koontz, Marietta, for Appellant.

*549 Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Charissa Ruel, Assistant Attorney General, Sanders Deen, for Appellee.

BARNES, Judge.

The mother of B.J.F. appeals the order of the juvenile court terminating her parental rights. She maintains that the evidence was insufficient to support the termination. Upon review, we find the evidence sufficient and affirm.

In reviewing the mother's challenge to the sufficiency of the evidence, we determine whether, after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found by clear and convincing evidence that the natural mother's rights to custody have been lost. In the Interest of A.C., 230 Ga.App. 395, 396(1), 496 S.E.2d 752 (1998). We do not weigh the evidence or determine witness credibility but defer to the juvenile court's factfinding. In the Interest of L.H., 236 Ga.App. 132, 133(1), 511 S.E.2d 253 (1999).

Viewed in this light, the evidence shows that the Department of Family and Children Services first became involved with B.J.F. in October 1999 when he was two weeks old. While his parents were walking along the street with the infant in a stroller, the stroller was hit by a car. The baby was ejected from the stroller and suffered a fractured skull. Although the baby was only two weeks old, the parents waited 24 hours before seeking medical treatment. Following a detention hearing, the juvenile court found that there was evidence of deprivation pending a formal hearing, and granted temporary legal custody to DFACS. The court found probable cause that the parents were "mentally challenged to the degree that the children's safety and medical needs are placed at risk," and "[t]he parents need to be assessed as to their capability to parent the children." The psychologist who evaluated the mother found that she has borderline intellectual functioning, evinced by her IQ of between 70 and 79. He thought that this deficit could compromise the mother's ability to fulfill B.J.F.'s basic needs. Following a hearing, B.J.F. was adjudicated deprived because of the parents' low intellectual functioning which placed the child at risk.

The deprivation order was not appealed. The reunification plan required the mother to maintain contact with B.J.F., fulfill support obligations, complete parenting skills classes, and undergo individual counseling. A revised plan required the mother to also maintain stable housing, suitable employment, and to demonstrate nurturing parenting skills that would indicate an ability to ensure the child's health and safety.

In June 2000, a judicial citizen review panel recommended termination of the mother's parental rights, but the juvenile court continued custody in the Department. A case plan report showed that the mother had completed parenting classes, and was currently employed. A September 2000 citizen review panel noted that the mother was making "limited progress," and recommended concurrent nonreunification and reunification plans.

In January 2001, DFACS filed a petition to terminate the mother's parental rights, alleging, among other things, that the mother had effectively abandoned her child in foster care, had a medically verifiable physical, mental or emotional deficiency, and failed to comply with her case plan. Following a November 2001 hearing, the juvenile court denied the petition, noting that the guardian ad litem had recommended that the petition be denied, and finding that the mother had not wilfully failed to comply with a court order in the past 12 months, and had not abandoned B.J.F.

After its next review, the citizen panel recommended adoption by the foster parents. It noted that "all the panel believe that adoption by the current foster family is [B.J.F.'s] only hope for a safe, permanent home." The child was over two years old at the time and had been in temporary custody of the Department since he was two weeks old. The panel described B.J.F.'s behavior as "changed to a type of insecurity, unsure and depression following visits with mother at this time. Having trouble sleeping. Foster parents says he is very frightened about `visits-meetings'—etc. with mom." It was *550 noted on the report that the mother had another infant removed from her care in another county. The mother was present at the review, but did not sign the report.

In April 2002, DFACS filed another deprivation petition, which the trial court granted, and which was also not appealed. The court noted that "the mother is in agreement with the child remaining in the temporary custody of the department," and also that the father had voluntarily terminated his parental rights. The juvenile court noted that it had adopted a permanency plan of "gradual but deliberate reunification" in December 2001.

In June 2002, the citizen review panel again recommended termination of the mother's parental rights. The panel noted that the mother was unemployed, and it was concerned about the child's frequent "staring spells." A doctor who had performed a neurological evaluation on B.J.F. diagnosed the child with an anxiety disorder characterized by "staring spells" which he uses as coping mechanisms in response to traumatic situations. He surmised that the child's "frequent visits with the biological mother is [sic] detrimental to [B.J.F.'s] psychological well-being. We believe the frequency of the visits should be decreased."

In September 2002, the court issued an order on the Department's motion to establish a nonreunification case plan, denying the motion, finding that reunification was appropriate, and increasing the mother's visitation to unsupervised with B.J.F. for two days a week. In August 2003, the child was again adjudicated deprived because of the mother's inability to master parenting skills and her mental disability. The juvenile court noted that although "[n]umerous services have been contracted by the department to assist with reunification between the mother and child ... any rehabilitative information provided to the mother has not resulted in the mother mastering parental skills nor being able to demonstrate the ability to use any learned behaviors." DFACS subsequently filed another motion to terminate the mother's parental rights, which was granted in April 2004. That order is the basis for this appeal.

1. A termination of parental rights case involves a two-step analysis. First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper parental care or control is the cause of the deprivation; (3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94(b)(4)(A)(i)-(iv).

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In the Interest of B. J. F.
623 S.E.2d 547 (Court of Appeals of Georgia, 2005)

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Bluebook (online)
623 S.E.2d 547, 276 Ga. App. 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bjf-gactapp-2005.