In Re DB

627 S.E.2d 101, 277 Ga. App. 454
CourtCourt of Appeals of Georgia
DecidedFebruary 2, 2006
DocketA05A2338
StatusPublished

This text of 627 S.E.2d 101 (In Re DB) 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 DB, 627 S.E.2d 101, 277 Ga. App. 454 (Ga. Ct. App. 2006).

Opinion

627 S.E.2d 101 (2006)
277 Ga. App. 454

In the Interest of D.B. et al., children.

No. A05A2338.

Court of Appeals of Georgia.

February 2, 2006.

*102 Wystan B. Getz, Decatur, for Appellants.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, John J. Martin, Jr., Conyers, for Appellee.

MIKELL, Judge.

D.B.'s biological mother and C.B.'s biological father[1] appeal the juvenile court's order granting Rockdale County Department of Family and Children Services' ("DFACS") motion to extend temporary legal custody of both children and end reunification services. The trial court also granted permanent legal custody of C.B. to his biological mother. For the reasons set forth below, we affirm.

In reviewing an appeal from an order approving plans for nonreunification, this Court construes the evidence in favor of the judgment and determines whether a rational trier of fact could have found clear and convincing evidence that reunification services should not be provided. We neither weigh the evidence nor determine the credibility of witnesses; we defer to the juvenile court's factfinding and affirm unless the appellate standard is not met.[2]

So viewed, the evidence shows that at the time DFACS obtained emergency custody of eleven-year-old D.B. and twelve-year-old C.B. on January 30, 2004, appellants had been abusing alcohol and engaging in domestic violence in front of the children. On February 18, 2004, the juvenile court entered an order of adjudication finding that the children were deprived and continuing temporary custody with DFACS. The finding of deprivation was based upon appellants' abuse of alcohol and acts of violence in front of the children. In its order, the juvenile court recounted the couple's violent and abusive tendencies. In one incident, appellant-father called police because appellant-mother was intoxicated. Appellant-mother became belligerent and subsequently was arrested for obstruction. As the officer was leading appellant-mother away from the residence, she kicked appellant-father in the groin. In a second incident, appellant-mother pled guilty to battery for trying to stab appellant-father with a fork. In a third incident, appellant-father called police to the home, alleging that appellant-mother poured a beer on him. C.B.'s stepgrandmother reported that appellant-father slammed appellant-mother's head *103 against a car window and later pushed his finger into the back of D.B.'s neck, causing the child to fall forward against a wall. The children also told C.B.'s stepgrandmother that appellants left them alone in a hotel room in Florida during a family vacation when the parents got arrested. The juvenile court also reviewed the testimony of relatives and two school counselors, all of whom testified that D.B. and C.B. expressed concern about "going home." According to C.B.'s school counselor, he was "terrified of going home, . . . that he is afraid that someone is going to get hurt there." The juvenile court also noted that appellant-mother had been involved in an outpatient alcohol treatment program, but that her attendance was poor. Appellants did not appeal this order.

The juvenile court subsequently entered a disposition order incorporating a reunification plan prepared by DFACS and placing both children in the same foster home. Under the plan, appellants were required to complete a psychological evaluation and follow the recommendations; complete parenting classes; use nonemotionally-abusive methods of interacting with the children during visitation; obtain substance abuse and domestic violence assessments and follow the recommendations; submit to random drug screens; and remain alcohol and drug free for six consecutive months.

One month later, the court conducted a case review and entered an order continuing DFACS's custody of D.B. and awarding temporary custody of C.B. to his biological mother. On July 7, 2004, DFACS implemented another reunification case plan for appellants, which required compliance with the same goals contained in the previous plan. A judicial citizen review panel reviewed the case on July 15, 2004, and recommended that D.B. remain in foster care. On January 21, 2005, DFACS filed for a custody extension and a petition to end reunification, alleging that appellants failed to complete the goals of the reunification plan, that the children cannot be safely returned to the home, and that appellant-mother insists the children lied about the incidents which led to their removal. On January 24, 2005, the court entered provisional orders extending custody of both children pending a February 9, 2005, hearing on DFACS's petition. On January 31, 2005, DFACS sent summonses and process via certified mail to appellants' last known address. DFACS also attempted personal service, but appellants had moved. The summonses were returned to the juvenile court as undeliverable on February 8, 2005.

The juvenile court held a hearing on February 9, 2005, to consider extending custody with DFACS and the nonreunification petition. Neither appellants nor their attorney were present. The court inquired about notice to appellants. DFACS's attorney stated that personal service was attempted at appellants' last known address. He also noted that DFACS sent out copies of the petition via certified mail, which were returned as undeliverable. Counsel for DFACS explained that his office unsuccessfully attempted to contact appellants' attorney five times in December and January requesting an address for his clients. DFACS subsequently notified appellants' counsel via fax of the date and time of the hearing. One day prior to the hearing, appellants' counsel sent a return fax noting appellants' new address. Counsel for DFACS advised the court that appellants continuously have refused to provide their current address to the court, the citizen review panel, or DFACS. The court elected to proceed with the hearing, finding that reasonable efforts had been made to serve appellants. The court noted that appellants had a longstanding relationship with the court and DFACS, and that they "[chose] to secrete themselves." The court further admonished appellants' counsel, finding that his eleventh-hour response shows that he "wants to set up the matter . . . so that [appellants are] not brought before the [c]ourt."

Tawana Ford, a DFACS caseworker, testified that appellant-mother had successfully completed the substance abuse requirement of the case plan goals, but that appellants had failed to comply with others, including failure to complete parenting classes and failure to get counseling to deal with domestic violence. Ford testified that appellants visited D.B. and C.B. three times in May and June 2004. She described the visits as a *104 "disaster." In June 2004, appellants failed to show up for a visit with D.B. Other times, D.B. and C.B. walked out because appellants refused to accept responsibility for any wrongdoing and blamed the children for their involvement with DFACS. When Ford attempted to schedule additional visits, appellants responded that "they [will not] jump through any more hoops with DFACS." Ford and another caseworker confirmed that D.B. and C.B. were doing well in their respective placements and at school.

Appellants and their attorney arrived at the hearing during Ford's testimony.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of S. J. M.
484 S.E.2d 764 (Court of Appeals of Georgia, 1997)
In the Interest of D. R. W.
494 S.E.2d 379 (Court of Appeals of Georgia, 1997)
In the Interest of R. N. R.
570 S.E.2d 388 (Court of Appeals of Georgia, 2002)
In the Interest of B. D. G.
586 S.E.2d 736 (Court of Appeals of Georgia, 2003)
In the Interest of T. D. B.
597 S.E.2d 537 (Court of Appeals of Georgia, 2004)
In the Interest of J. B.
619 S.E.2d 305 (Court of Appeals of Georgia, 2005)
In the Interest of D. B.
627 S.E.2d 101 (Court of Appeals of Georgia, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
627 S.E.2d 101, 277 Ga. App. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-db-gactapp-2006.