In Re Dh

658 S.E.2d 831
CourtCourt of Appeals of Georgia
DecidedMarch 5, 2008
DocketA07A2425
StatusPublished

This text of 658 S.E.2d 831 (In Re Dh) 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 Dh, 658 S.E.2d 831 (Ga. Ct. App. 2008).

Opinion

658 S.E.2d 831 (2008)

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

No. A07A2425.

Court of Appeals of Georgia.

March 5, 2008.

*833 LaQuisha Simmons-Malachi, for Appellant.

Thurbert E. Baker, Atty. Gen., Shalen S. Nelson, Elizabeth M. Williamson, Asst. Dist. Attys., for Appellee.

SMITH, Presiding Judge.

The mother of six-year-old D.H., three-year-old E.H., and two-year-old J.H. appeals from a juvenile court's order terminating her parental rights.[1] She challenges the sufficiency of the evidence supporting the termination; she also claims that she received ineffective assistance of counsel and that the court erred in failing to give her adequate time to complete her case plan. For reasons that follow, we affirm.

1. The mother argues that the evidence presented by the Department of Family and Children Services ("DFACS") was insufficient to support termination of her parental rights.

On appeal from a termination order, this [c]ourt views the evidence in the light most favorable to [DFACS] and determines whether any rational trier of fact could have found by clear and convincing evidence that the biological parent's rights to custody have been lost. We do not weigh the evidence or determine the credibility of witnesses, but defer to the trial court's factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.

(Citation and footnote omitted.) In the Interest of T.W.O., 283 Ga.App. 771, 643 S.E.2d 255 (2007).

So viewed, the evidence revealed the mother had been placed in DFACS care due to neglect in June 2000 when she was 13 years old. On September 30, 2001, while the mother was still in DFACS care, she gave birth to D.H. The child was subsequently placed in DFACS custody, and on November 7, 2001, the juvenile court found him to be deprived. The mother did not appeal this order. DFACS developed a reunification plan for the mother which required her to attend and complete parenting classes, cooperate with her placement resource, provide for D.H.'s daily care, wear a hearing aid on a consistent basis, and follow up with D.H.'s medical needs. In February 2002, DFACS filed a second deprivation petition, alleging that the mother was unable to provide for D.H.'s needs and supervision. On May 27, 2003, the juvenile court again found D.H. to be deprived. The mother also did not appeal this order. On May 4, 2004, in response to DFACS's motion to extend custody, the juvenile court found that D.H. continued to be *834 deprived because the mother failed to remain in school and failed to remain in the DFACS placements. The court found further that the mother had been placed in the same home with D.H., but that she had "disrupted" the placement. The mother did not appeal this order.

In May 2004, at the age of 16, the mother gave birth to E.H. The juvenile court found that E.H. was also deprived and ordered that he be placed in DFACS custody. The mother did not appeal this order. DFACS developed a case plan regarding E.H., which required the mother to maintain a source of income, obtain childcare, complete parenting classes, obtain a high school diploma or fulfill the requirements for a GED, obtain and wear a hearing aid on a consistent basis, and to remain in therapy.

On December 9, 2004, DFACS filed a petition to end reunification services, alleging that the mother had abandoned and neglected her children, that her whereabouts were unknown, and that she had "chosen to remove herself from a home provided for her and her children and instead live from place to place without her children." Six days later, the juvenile court conducted a review hearing and found that the mother failed to complete the goals provided in her case plan and was pregnant for a third time.

The mother gave birth to J.H. in April 2005. On May 9, 2005, DFACS filed a petition for deprivation regarding J.H., stating that the mother had been placed in the same foster home with D.H. and E.H. but that she had disrupted the placement and had to be separated from the children, and also noting that the mother had not parented any of the children on her own since they were born. The juvenile court found J.H. to be deprived and ordered that she be placed in DFACS custody. The mother did not appeal this order.

In July 2005, the mother signed a case plan for reunification with regard to all three children. The case plan required, among other things, that the mother maintain a source of income to support the children, obtain and maintain stable housing, obtain child care, successfully complete GED classes, wear a hearing aid as prescribed by a physician, obtain drug abuse assessment and submit to random drug screenings, and remain drug and alcohol free.

On January 25, 2006, DFACS filed a petition to terminate the mother's parental rights. The petition alleged that the mother failed to maintain stable housing and employment, failed to make any genuine efforts to regain custody of her children or be a parent to them, failed to cooperate with DFACS concerning her placement, and failed to complete the goals of any of her numerous case plans. The mother was 19 years old at the time of the hearing on the petition to terminate her parental rights.

At the hearing on the petition, several caseworkers involved with the case testified. The first caseworker testified that she had been assigned to the mother's case in June 2000, when the mother entered foster care, and remained assigned until June 2002. She testified further that in September 2001, the mother was placed in a private agency foster home with D.H., but that the mother argued with another woman in the home, and threatened to kill herself and D.H. As a result, the mother and D.H. were placed in a second home and remained there until June 2002. The caseworker explained that while in the home, the mother refused to attend school on a regular basis and was later suspended for fighting. The caseworker acknowledged, however, that the mother performed well in her parenting classes and parent support groups.

A second caseworker, testified that she received the case in August 2004 and remained the mother's caseworker until November 2005. The caseworker testified that the mother's whereabouts were unknown when she received the case, but that beginning sometime before J.H. was born in April 2005, the mother kept in contact with her "for the most part" even though she often could not determine where the mother was living or with whom. The caseworker also testified that the mother failed to complete the goals of her case plan in that she failed to obtain stable housing, maintain employment, or obtain a GED. She noted that the mother was allowed weekly visits with the children *835 until she received a report that the mother struck one of the children. The visits were then restricted to once per month.

A third caseworker testified that she was involved with the case from October 2005 to February 2006 and that she had observed the three children in the foster home. She stated that the children interacted well with the foster parent. Evidence was also presented that the foster parent wished to adopt all three children.

The mother testified that, at the time of the hearing, she resided with her aunt and had done so "for maybe three months." Before living with her aunt, she lived with her sister-in-law for "nine or ten months," although she could not recall the address.

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In the Interest of D. H.
658 S.E.2d 831 (Court of Appeals of Georgia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
658 S.E.2d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dh-gactapp-2008.