In Re Dlt

519 S.E.2d 257, 238 Ga. App. 491, 99 Fulton County D. Rep. 2435, 1999 Ga. App. LEXIS 852
CourtCourt of Appeals of Georgia
DecidedJune 9, 1999
DocketA99A0617
StatusPublished

This text of 519 S.E.2d 257 (In Re Dlt) 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 Dlt, 519 S.E.2d 257, 238 Ga. App. 491, 99 Fulton County D. Rep. 2435, 1999 Ga. App. LEXIS 852 (Ga. Ct. App. 1999).

Opinion

519 S.E.2d 257 (1999)
238 Ga. App. 491

In the Interest of D.L.T. et al., children.

No. A99A0617.

Court of Appeals of Georgia.

June 9, 1999.

David J. Farnham, for appellant.

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, John R. Laseter, for appellee.

BARNES, Judge.

Claiming insufficient evidence, Donald Tucker appeals the termination of his parental rights to his three minor children, D.L.T., C.D.T., and T.D.T. Because the trial court was authorized to find that there was clear and convincing evidence in favor of termination, we affirm.

The record shows that when Tucker's parental rights were terminated by the Walton County Juvenile Court on July 14, 1998, D.L.T. was eight years old, C.D.T. was seven *258 years old, and T.D.T. was five years old. The children's mother, Margaret Diane Tucker, surrendered her rights to the children on March 16, 1998, four months earlier.

Walton County's Department of Family & Children's Services ("DFACS") was not the first to intervene and monitor the care the Tuckers provided to their children. The record shows that Clayton County's DFACS became involved in 1990 until the parents moved to Rockdale County in 1995. At that time, Rockdale County's DFACS took over until the parents moved to Walton County in 1996.

In July 1990, Clayton County received two reports that the oldest child, who was one year old, was not receiving proper care. Specifically, the trailer in which the family lived was filthy, the child did not appear to be receiving proper food because he was "frail and skinny," and he was left unsupervised. Clayton County investigated and determined there was "not sufficient credible evidence to prove or disprove" the allegations.

In August 1991, Clayton County received another report that the home was nasty with trash everywhere, the oldest child never bathed, and a cast on his foot was filthy. Clayton County investigated again, making announced and unannounced visits. The home was found to be cluttered and the caseworker made house-cleaning recommendations. The case was closed after improvements were made.

In January 1993, Clayton County received a report that the three children were wearing only underwear and diapers in the middle of winter, trash and dirty clothes were throughout the home, and the parents were not keeping the youngest child, a three-month-old infant, on an apnea monitor. These allegations were confirmed by a caseworker. During unannounced visits, the caseworker discovered the oldest child, who was over three, wearing a soiled diaper which "was very heavy from the material that was in it" and nothing else. The middle child, who was almost two, was also wearing only a soiled diaper and the caseworker saw him pick up a dirty bottle from the floor and drink spoiled milk. This child communicated with grunting noises and did not speak. Both of these children had matted hair and their feet, face, and hands were black from dirt. The two-month-old infant was sitting in a swing with a towel under her chin to prop up a bottle. The sleeper worn by the infant was dirty and foul-smelling. She was not connected to an apnea monitor as directed by her physician. Mr. and Mrs. Tucker were both at home during one visit and neither one noticed when the bottle fell out of the infant's mouth onto the floor.

The caseworker described the home as unsafe and unsanitary. Dirty clothes and rotten food were strewn throughout the house and there were a lot of "active" roaches and gnats in the home. An outdoor trash can was inside the home and a lot of bugs were crawling out of it into the home. Dirty dishes and diapers were lying on the kitchen floor and it was difficult to navigate.

After the allegations of neglect were confirmed, DFACS assigned two family service workers to the family to work with them on their parenting and hygiene skills. Both parents attended parenting classes. When the situation appeared to stabilize, a caseworker visited only once every two weeks.

In September 1993, a Clayton County police officer responded to a "911 hang-up call" at the Tuckers' residence. When he arrived, he saw an open sliding door in the back of the home and could hear children crying inside. When no one responded to his repeated announcements, he went inside to check on the children. After entering the home, he found a three-year-old, two-year-old, and nine-month-old who were not attended by an adult. The home was in disarray with rotting food on the counter tops and floor of the kitchen. Matches and knives were also lying on the kitchen floor. Fecal matter was on the couch in the living room. The children were caked with dirt, had a foul smell, and their training pants and diapers were filthy.

The officer arrested both of the Tuckers for cruelty to children and took the children into protective custody. When he arrested Mr. Tucker, Mr. Tucker did not offer any *259 explanation for the condition of the children or appear surprised by it.

After taking custody of the children, Clayton County's DFACS prepared a reunification plan which involved progressing from supervised visits to unsupervised visits to overnight visits. Mr. and Mrs Tucker also attended additional parenting classes.

During one overnight visit in April 1994, two caseworkers made an unannounced visit at 3:00 p.m., six hours after the children had been picked up by Mr. and Mrs. Tucker. When the caseworkers knocked on the door, no one answered. When they saw movement in a window, they discovered the children were locked in a room together. For approximately 30 to 35 minutes, they talked to the children through the window and tried to help them get out of the room. During this time period, the oldest child chased the middle child around the room while biting and scratching him. When the caseworkers were unable to free the children, they called their supervisor who notified the police. When the police entered the home after repeatedly announcing their presence, they discovered that the children were locked in a bedroom. Approximately five or six minutes after the police entered the home, Mr. and Mrs. Tucker exited their bedroom, explaining that they had been taking a nap.

After this incident, the Tuckers were once again limited to supervised visits. After the Tuckers progressed again to unsupervised visits and made improvements, the department placed the children back into the home full-time, with the department retaining legal custody. When the Tuckers moved to Rockdale County in February 1995, the judge returned legal custody to the Tuckers and Clayton County DFACS transferred the Tuckers' file to its counterpart in Rockdale County.

Before Clayton County's file was copied and transferred, Rockdale County received an independent report in November 1995 that the children were unsupervised. They initiated an investigation and documented concerns with supervision of the children, the hygiene of the children, and housekeeping in the home. During this time, Mrs. Tucker and the children were involved in an automobile accident. Approximately one week after the middle child was released from the hospital, another referral came in about a cigarette burn on his face. This child frequently missed his rehabilitation appointments following his release from the hospital, and the department took steps to make sure he received his medical care.

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Related

In the Interest of K. W.
503 S.E.2d 394 (Court of Appeals of Georgia, 1998)
In the Interest of J. L. Y.
361 S.E.2d 246 (Court of Appeals of Georgia, 1987)
Blackburn v. Blackburn
292 S.E.2d 821 (Supreme Court of Georgia, 1982)
In the Interest of Y. P.
373 S.E.2d 657 (Court of Appeals of Georgia, 1988)
In the Interest of D. L. T.
519 S.E.2d 257 (Court of Appeals of Georgia, 1999)

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Bluebook (online)
519 S.E.2d 257, 238 Ga. App. 491, 99 Fulton County D. Rep. 2435, 1999 Ga. App. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlt-gactapp-1999.