In Re Cgb

531 S.E.2d 107, 242 Ga. App. 705
CourtCourt of Appeals of Georgia
DecidedMarch 10, 2000
DocketA99A2231
StatusPublished

This text of 531 S.E.2d 107 (In Re Cgb) 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 Cgb, 531 S.E.2d 107, 242 Ga. App. 705 (Ga. Ct. App. 2000).

Opinion

531 S.E.2d 107 (2000)
242 Ga. App. 705

In the Interest of C.G.B., a child.

No. A99A2231.

Court of Appeals of Georgia.

March 10, 2000.

*108 Lavigno & Schlueter, Richard R. Schlueter, Conyers, for appellant.

Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Laura W. Hyman, Assistant Attorneys General, Mumford, Myers & Mooney, Albert A. Myers III, Conyers, for appellee.

RUFFIN, Judge.

Appellant, the mother of C.G.B., appeals from the Rockdale County Juvenile Court's order terminating her parental rights.[1] The mother contends that the trial court erred (1) in finding that the deprivation is likely to continue; (2) in making certain factual findings that are unsupported by the record; (3) in failing to order the Department of Family & Children Services (DFACS) to consider alternatives to terminating her rights; (4) in admitting hearsay; and (5) in considering a report that had not been tendered into evidence. Because the mother's contentions lack merit, we affirm.

On appeal from a termination of parental rights, we view the evidence in a light most favorable to the juvenile court's order and determine whether any rational trier of fact could have found by clear and convincing evidence that the mother has lost her parental rights.[2] We neither weigh the evidence nor determine witness credibility. Rather, "we defer to the trial court's factfinding and affirm unless the appellate standard is not met."[3]

So viewed, the evidence shows that appellant is the mother of C.G.B., who was born *109 on May 20, 1996. On May 19, 1998, the Rockdale County Sheriff's Department learned that the mother, who was incarcerated on child cruelty charges, had left C.G.B. with a neighbor who could no longer care for the child. When a deputy retrieved C.G.B., he was dirty, bruised, malnourished and dehydrated. Elaine Manning, a DFACS caseworker who saw C.G.B. shortly after he was taken into custody, described him as gaunt, unhealthy-looking, and very small for his age.

On May 20, 1998, DFACS filed a deprivation petition, and the trial court issued an emergency order placing C.G.B. in the temporary custody of DFACS. Following a detention hearing on the same day, the juvenile court issued an order in which it noted that appellant had a history of drug and alcohol abuse and that she appeared to be under the influence of drugs while at the Rockdale County jail.

A week later, the juvenile court conducted a hearing, at which time the parties stipulated that C.G.B. was deprived. The results from the court-ordered drug test that was tendered at the hearing showed that the mother had cocaine in her system. The court ordered that DFACS prepare a case plan requiring that the mother (1) complete a drug and alcohol evaluation; (2) submit to random drug screens; (3) release her treatment records to DFACS; (4) maintain stable employment; (5) maintain stable housing and keep DFACS informed of address changes; and (6) complete parenting classes. Appellant also was required to help provide financial support for C.G.B., and C.G.B. was placed in foster care.

On August 14, 1998, the mother called DFACS to schedule a visit with C.G.B.[4] Manning arranged to meet with the mother and Alfonso Gonzalez—who the mother said was the child's father—to discuss her case plan prior to the visit with C.G.B. When they met on August 20, 1998, Manning asked the mother about the fact that she had previously identified a man other than Gonzalez as the father. Appellant claimed she had been "messed up" when she made the earlier statement. When asked what she meant by "messed up," the appellant said that she had been going through withdrawal from drugs and alcohol.

During the meeting, Manning expressed concern about the length of time that had passed since the mother had last attempted to see C.G.B., and the two discussed whether the appellant wanted her child back. The appellant said that she did want her child, and Manning explained that appellant would have to meet the case plan goals in order to get C.G.B. returned to her. Manning asked about the mother's progress, and she admitted that she had made no progress toward any of the case plan goals. Manning then asked how the mother planned to support her child, and she said she was going to marry Gonzalez and that he would support them. Manning pointed out that their relationship had been unstable in the past, and appellant acknowledged that there had been some physical violence. But the mother claimed that she and Gonzalez had "worked out their problems."

On September 3, the mother left a message with DFACS that she had moved to a new address but did not have a telephone number. The mother said that she would call back, but Manning did not hear from her. On September 8, Manning sent a letter to the new address reminding the mother of the case plan requirements, informing her that a panel review was scheduled for September 17, 1998, and requesting that she attend the review. Manning wrote that, given the mother's lack of progress and motivation, she was going to recommend nonreunification.

When the mother called DFACS on September 14, 1998, her voice was slurred. The mother told Manning that Gonzalez was not C.G.B.'s father and that he had thrown her out of the house. Manning asked the mother where she was, but she would not give her the address. Manning told the mother about the September 17 panel review, and the mother indicated that she knew about it and *110 that she would attend. When Manning asked the mother if she would take a drug screen, she responded "you don't trust me" and hung up on her.

In September 1998, DFACS transferred the file to caseworker Laura Barnes. Barnes and Manning attended the September 17 panel review, but the mother failed to attend. On September 28, the mother called Barnes to let her know that she had been in jail on September 17 for assaulting a police officer. According to the mother, she had been drinking that day and did not remember whether she had hit the officer. The mother also requested another visit with C.G.B., and a visit was scheduled for October 5 at DFACS's offices. On that date, C.G.B. arrived with his foster mother at 10:00 a.m., but the appellant did not appear. She called over four hours later to explain that she could not get a ride. But, according to Barnes, the mother lived within walking distance of DFACS at the time.

The mother called Barnes again on October 22, and Barnes asked about her progress with her case plan. According to Barnes, the mother was evasive. The mother said she wanted to see her child, but Barnes asked to meet with the mother prior to scheduling a visit. They arranged to meet on October 27 at DFACS. The mother called on October 26 to tell Barnes that she had no transportation. Barnes told the mother that she would go to the mother's home instead.

When Barnes arrived at the trailer, she saw an estimated 150-200 cans, most of which were empty beer cans. The mother admitted that there were enough beer cans to fill four Hefty bags but told Barnes that the men who lived in the trailer had drunk the beer. The mother told Barnes that she shared the two-bedroom trailer with her fiancé, Pedro, and four of his relatives. But the mother could not provide Pedro's last name or the names of any of the other residents.

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Bluebook (online)
531 S.E.2d 107, 242 Ga. App. 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cgb-gactapp-2000.