In Re CJV

513 S.E.2d 513, 236 Ga. App. 770, 99 Fulton County D. Rep. 1263, 1999 Ga. App. LEXIS 316
CourtCourt of Appeals of Georgia
DecidedMarch 4, 1999
DocketA98A2338, A98A2339
StatusPublished

This text of 513 S.E.2d 513 (In Re CJV) 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 CJV, 513 S.E.2d 513, 236 Ga. App. 770, 99 Fulton County D. Rep. 1263, 1999 Ga. App. LEXIS 316 (Ga. Ct. App. 1999).

Opinion

513 S.E.2d 513 (1999)
236 Ga. App. 770

In the Interest of C.J.V. et al., children.

Nos. A98A2338, A98A2339.

Court of Appeals of Georgia.

March 4, 1999.

*514 David C. Butler, Marietta, for appellant (case no. A98A2338).

Baskin & Baskin, Brenda Godfrey, Bobby G. Adkins, Jr., Marietta, for appellant (case no. A98A2339).

Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Stephanie B. Hope, Assistant Attorneys General, Sanders B. Deen, Marietta, for appellee.

RUFFIN, Judge.

These are related appeals from an order of the juvenile court of Cobb County, terminating the father's parental rights to C.J.V., and the mother's parental rights to C.J.V., A.B., and T.B.[1] Both appellants challenge the sufficiency of the evidence supporting this order. Because there is clear and convincing evidence *515 which supports the terminations, we affirm.

On appeal, we must determine "whether, after reviewing the evidence in the light most favorable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent[s'] right to custody should be terminated. On appeal, this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's factfinding and affirm unless the appellate standard is not met." (Citations and punctuation omitted.) In the Interest of C.L.R., 232 Ga.App. 134(1), 501 S.E.2d 296 (1998).

Before terminating a parent's rights, a juvenile court, pursuant to OCGA § 15-11-81(a), must employ a two-step procedure. In the Interest of C.L.R., supra. "First, the court shall determine whether there is present clear and convincing evidence of parental misconduct or inability as provided by OCGA § 15-11-81(b). Secondly, if there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child. Parental misconduct or inability is found where (1) the child is deprived, (2) the lack of proper parental care or control by the parent in question is the cause of the child's deprivation, (3) the cause of deprivation is likely to continue or will not likely be remedied, and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-81(b)(4)(A)." (Citations and punctuation omitted.) Id.

In these cases, the evidence shows that in April 1996, the police placed then one-year-old C.J.V., four-year-old A.B., and six-year-old T.B. in protective custody after finding them alone in a motel room where they lived with appellants. When the police found A.B., her wrists and ankles had been bound with tape and were connected with a shoestring, forcing her into a fetal position. A.B. had a cracked shoulder, abrasions on her wrists and ankles, and a fading black bruise on the back of her thigh. The appellant-father was arrested and pled guilty to felony cruelty to children and was sentenced to three years, to be served on probation. He also pled guilty to three counts of reckless conduct and was sentenced to one year, to be served on probation. On May 29, 1996, the juvenile court awarded temporary legal custody to the Department of Family & Children Services (DFCS) upon adjudicating the children deprived on the basis of the motel incident; the father's incarceration for cruelty to children, reckless conduct, and contributing to the delinquency of a minor; and the mother's agreement to allow the children to remain in protective custody.

Following a hearing on July 7, 1997, the juvenile court ordered the suspension of visitation between the children and their parents based on "the seriousness of the trauma they suffered" and "the personal observations of the caseworker during the visitations of the children with their mother." Thereafter, following a hearing on November 14, 1997, the court extended temporary custody to DFCS for an additional year. On October 28, 1997, DFCS filed a petition to terminate appellants' parental rights.

On November 20, 1997, the father's probation was revoked after his arrest on September 4, 1997, for felony possession of cocaine. Six days later he pled guilty to this offense and was sentenced to ten years, to be served on probation. On April 21-22, 1998, the juvenile court conducted a hearing on the termination of appellants' parental rights. Janet Crouse, who worked for the Cobb County Police Department's crimes against children unit at the time, testified regarding the April 1996 incident which involved the children being left alone in a motel room and A.B.'s severe physical abuse.

In addition to the criminal charges stemming from the motel incident, the father has a considerable criminal history. He has served time in jail in New York, Florida and Georgia for crimes ranging from petty larceny to numerous drug offenses. In April 1996, the father pled guilty to felony possession of cocaine. In November 1997, he again pled guilty to cocaine possession. At the time of the hearing, the father was incarcerated, not knowing when he would be released on parole.

*516 Although the father attended parenting classes, the instructor testified that he did not participate, but "just went through the motions." The father testified that he has not paid any child support because DFCS did not notify him of what amount to pay. The co-director of Living Without Violence, upon screening the father, found that he was an inappropriate candidate for the program because he would not admit to any abusive or controlling behaviors.

The mother testified that when she was 13, she began dating a 36-year-old man whom she later married and who fathered T.B. and A.B. The mother acknowledged that this man physically abused her on a regular basis and that he was "in and out of detox." At the age of sixteen, she gave birth to T.B., and two years later, she gave birth to A.B. When A.B. was still an infant, both children were taken into protective custody and placed in foster care in New York. During counseling relating to the children's foster care, the mother was treated for co-dependency issues as well as for her own sexual abuse as a four-year-old.

In 1995, the mother married appellant-father, who she acknowledged used drugs and alcohol before and after they were married. After the father was incarcerated following his arrest for the April 1996 motel incident, she and the children moved in with a "complete stranger" who had an extensive history of violent criminal offenses. Before the children were removed from her custody, this man "harassed" her, and on at least one occasion, he physically abused her. Even though the mother knew that the father had severely beaten A.B., she and the children continued to live with him after he was released from jail and until his arrest for cocaine possession in September 1997.

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In the Interest of C. J. V.
513 S.E.2d 513 (Court of Appeals of Georgia, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
513 S.E.2d 513, 236 Ga. App. 770, 99 Fulton County D. Rep. 1263, 1999 Ga. App. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cjv-gactapp-1999.