In Re Bs

618 S.E.2d 695, 274 Ga. App. 647
CourtCourt of Appeals of Georgia
DecidedJuly 27, 2005
DocketA05A1296
StatusPublished

This text of 618 S.E.2d 695 (In Re Bs) 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 Bs, 618 S.E.2d 695, 274 Ga. App. 647 (Ga. Ct. App. 2005).

Opinion

618 S.E.2d 695 (2005)
274 Ga. App. 647

In the Interest of B.S., a child.

No. A05A1296.

Court of Appeals of Georgia.

July 27, 2005.

*696 Johnny Pannell, Hawkinsville, for Appellant.

Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Charles Johnson, Eastman, for Appellee.

JOHNSON, Presiding Judge.

This is an appeal from an order of the juvenile court terminating the mother's parental rights to B.S., a two-year-old child. The mother contends the trial court erred in concluding that the child was deprived due to lack of proper parental care, that any such deprivation would likely continue or not be remedied, and that such deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. We find no reversible error and affirm the juvenile court's order terminating the mother's parental rights.

The evidence presented at the parental rights termination hearing revealed the following: On April 14, 2003, the Bleckley County Department of Family and Children Services (the "Department") received a report that B.S., who was then three months old, was feeble, underweight and exhibited poor color. She had only gained two pounds since birth, had poor neck muscle control, a protruding abdomen, and was listless. An examination revealed that B.S. had dropped from the twenty-fifth to the third percentile on the growth chart since birth. B.S. was placed in foster care, and the Department developed a reunification case plan that required the mother to demonstrate the ability and the mental capacity to care for B.S. Under the case plan, the mother was to obtain and maintain a source of income and clean/safe housing and attend mental health treatment. Case plan reports show that the mother denied the child was malnourished, failed to properly feed the child during visitation, failed to obtain a stable home or employment, and failed to follow treatment recommendations following a psychological evaluation. B.S. was noted to be "somewhat developmentally delayed" and required therapeutic home services.

On January 5, 2004, the juvenile court issued an order finding B.S. deprived because of nutritional neglect. The mother did not appeal that order. Subsequent case plan reports demonstrate that the mother had not yet completed her case plan requirements. The mother was not prepared to care for B.S., who required constant medical attention, and, even though the mother regularly *697 visited B.S., she often sat on the couch and only watched the child. On March 4, 2004, the juvenile court found that it was in the child's best interest to change the permanency plan to adoption. That order was not appealed. The Department filed a petition to terminate the mother's parental rights.

On April 22, 2004, the juvenile court held a hearing on the Department's petition to terminate the mother's parental rights. The case manager for the Department testified that B.S. was very small for her age, and had always been puny and weak. Physicians diagnosed B.S. as a failure to thrive child. According to the caseworker, the child's mother was not concerned about B.S.'s weight or her health and refused to accept responsibility for the child's condition. After coming into the Department's custody, B.S. improved dramatically, putting on more weight within a month than she had gained the first three months of her life.

Another caseworker with the Department reported that the Department had provided the mother with a psychological evaluation, in-home and outside visits with a family therapist, a list of apartments and landlords, case plan decisions regarding the requirements and her progress, and a referral to mental health treatment. She testified that the mother failed to obtain and maintain both stable housing and stable employment for a six-month period. In fact, at the time of the hearing she was staying with her Pizza Hut manager, where she had worked for the last two months, and informed the caseworker that she would not be staying at that residence with B.S. In addition, the mother had not paid any child support for the child. And, while her visits were consistent, her interactions with the child were inconsistent. At times, she would sit and bite her fingernails, leaving the child to play alone on the floor. The caseworker further testified that the mother would not accept responsibility for B.S.'s malnourishment, and that the child now had several medical issues as a result of her malnutrition that might not be taken care of by the mother. The caseworker also expressed concerns about B.S. remaining in foster care and looking at the foster parents as her real parents.

The pediatrician who had seen the child since she was seven months old testified that her first examination revealed she had weak lower extremities. She could not sit up and was developmentally delayed. There was no question in the pediatrician's mind that B.S. had been malnourished before entering foster care and that this malnourishment resulted in her developmental delays. The pediatrician testified that at three months of age, B.S. should have doubled her birth weight. Since taking over the child's care, the child's progress was excellent, but she still had gross motor delays and could not walk at 15 months. In addition, B.S. has a medical condition that will require medication every day for at least one year. According to the pediatrician, failure to thrive children have a 50 to 60 percent chance of mental retardation, learning disabilities, and a multitude of other problems, including lack of growth potential.

A psychologist who evaluated the mother testified that intellectual testing revealed the mother functioned in the low/average range of cognitive skills. The mother appeared quite naive and immature, and the psychologist opined that her judgment and decision-making might be problematic. The psychologist diagnosed the mother with "anxiety-disorder not otherwise specified" and suggested a "personality disorder with dependent and immature features." However, he stated that there was nothing that would prevent the mother from completing her case plan.

A family therapist who worked with the Department to help reunify the mother with B.S. testified that the mother initially displayed interest and attended meetings. However, after the first two months she became hard to find. The therapist testified that he explained the reunification case plan goals to the mother, and she understood the plan. Nevertheless, the mother moved from one friend's residence to another's and never established stable housing. In addition, prior to suspending services, he informed the mother that her situation was not stable enough to raise a child, especially in light of the fact that she had not completed some of the therapist's goals.

*698 The child's foster mother testified that B.S. was "doing great." According to her, the mother was not very attentive during some of her visits and had not asked any questions about B.S.'s health.

The mother testified that she knew B.S. was not gaining as much weight as she should have been, but that she would have taken care of the problem if given the chance by the Department. She also disputed her lack of interaction at visitations, her lack of a stable home (she had lived at her current residence for about three months), and opined that her nurturing skills had "probably" improved.

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Bluebook (online)
618 S.E.2d 695, 274 Ga. App. 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bs-gactapp-2005.