In Re DLT

641 S.E.2d 236
CourtCourt of Appeals of Georgia
DecidedJanuary 8, 2007
DocketA06A1866
StatusPublished

This text of 641 S.E.2d 236 (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, 641 S.E.2d 236 (Ga. Ct. App. 2007).

Opinion

641 S.E.2d 236 (2007)

In the Interest of D.L.T., a Child.

No. A06A1866.

Court of Appeals of Georgia.

January 8, 2007.

Rodney Q. Quarles, Chatsworth, TX, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Cynthia N. Johnson, Cohutta, for appellee.

ELLINGTON, Judge.

The mother of two-year-old D.L.T. appeals from the termination of her parental rights. She contends the trial court erred in finding that her daughter's deprivation was likely to continue or to harm the child, and that the court erred in determining that termination of her parental rights was in the child's best interest. Finding no error, we affirm.

A termination of parental rights case involves a two-step analysis. First, there must be a finding of parental misconduct or inability, which requires clear and convincing *237 evidence that: (1) the child is deprived; (2) the lack of proper parental care or control is the cause of the deprivation; (3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. [OCGA § 15-11-94(b)(4)(A)(i)-(iv).] If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child's physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. [OCGA § 15-11-94(a).]
In reviewing a juvenile court's decision to terminate parental rights, we view the evidence in the light most favorable to the juvenile court's disposition and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody should be terminated. In so doing, we do not weigh the evidence or determine the credibility of witnesses; rather, we defer to the juvenile court's factfinding and affirm unless the appellate standard is not met.

(Footnotes omitted.) In the Interest of T.L., 279 Ga.App. 7, 10, 630 S.E.2d 154 (2006).

Viewed in the light most favorable to the court's ruling, the record shows the following relevant facts. D.L.T. was born on August 1, 2004. At the time of D.L.T.'s birth, the mother was seventeen years old and had been in foster care for approximately two years. The Georgia Department of Family and Children Services ("DFCS") had removed the mother from her home due to abuse and neglect by her parents, as well as allegations of sexual abuse by a family friend. At the age of 15, the mother demonstrated symptoms of mental illness, and she admitted to using illegal drugs and being sexually active. DFCS provided the mother with birth control, but she refused to use it. During her first two years in foster care, the mother was "kicked out" of several foster care facilities because she was unable to get along with others living in the facilities. Although the mother completed the tenth grade, she refused to attend school regularly after that and refused to get a job or to participate in vocational training.

When D.L.T. was born, the mother and baby were placed in a group home for young mothers. Within a few months, however, the mother had a serious conflict with others in the group home and was forced to leave. The mother spent two weeks in the hospital for depression before DFCS placed her in a new foster home. Because there was no space for the baby in the new home, however, DFCS placed D.L.T. in a separate foster home. In the fall of 2004, DFCS established a reunification plan that required the mother to demonstrate her ability and willingness to care for the baby, maintain her current foster care placement, complete parenting classes, complete her education, seek part-time and summer employment, and pay child support.

From January 2005 until her 18th birthday in March 2005, the mother refused to get a job or go to school. After the mother turned 18, DFCS no longer had custody of her, but it retained custody of D.L.T. DFCS amended the reunification plan to require the mother to maintain stable housing and employment for six months, participate in vocational rehabilitation, complete parenting classes, visit the child, participate in counseling, and pay $10 per week in child support. In March 2005, the mother moved in with her sister for approximately ten months. Then, in December 2005, the mother moved into her 22-year-old boyfriend's apartment; her name was not on the apartment lease. Neither the mother nor her boyfriend, who is disabled, had a driver's license or owned a car.

In the meantime, in September 2005, DFCS filed a petition to terminate the parental rights of the mother and D.L.T.'s putative father.[1] At the time of the February 2006 termination hearing, the mother had been out of the foster care system for almost a *238 year. During that time, the mother held seven or eight different jobs for periods ranging from two days to two months, and she had been unemployed for about a month prior to the hearing. At the time of the hearing, the mother was $220 in arrears in child support payments, and her only sources of support were her boyfriend's $600 monthly disability check and his food stamps. Although DFCS had offered the mother counseling, she only saw a counselor one time. She also had not participated in vocational training or obtained her GED.

During the termination hearing, Dr. John Dickens, a clinical psychologist, testified about three evaluations of the mother that he had conducted, two in 2002 and 2003 while she was in DFCS custody, and the third in June 2005. During each of those visits, Dr. Dickens observed signs that the mother was suffering from mental illness for which she needed therapy. In June 2005, Dr. Dickens diagnosed the mother as having borderline personality disorder, post traumatic stress disorder, dysthymic disorder (low-grade chronic sadness), and ADHD. He recommended that the mother receive long-term psychotherapy, and he expressed concern about whether the mother would be able to properly care for D.L.T. given that she was unable to care for herself and had so many problems in her life. Dr. Dickens opined that, based upon the mother's history of mental illness and her past behavior, her "prognosis for being a stable parent in the near future is very small, very limited."

Following the hearing, the juvenile court found that the mother had failed to fulfill many of the goals of her reunification plan, including the housing, employment, counseling, and child support requirements. In its order, the court stated that

[t]here is no doubt that this mother loves this child. However, her own circumstances have placed her in the position of not being able to provide the basic necessities for the child since the child's birth one and one-half years ago. The mother's mental health issues will not be resolved in the immediate future, if ever. . . . To require [the child] to remain in care indefinitely when the mother may never be able to assume full custody would be cruel and detrimental to the child.

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Related

In the Interest of C. G.
508 S.E.2d 246 (Court of Appeals of Georgia, 1998)
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502 S.E.2d 788 (Court of Appeals of Georgia, 1998)
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433 S.E.2d 357 (Court of Appeals of Georgia, 1993)
In the Interest of D. F.
555 S.E.2d 225 (Court of Appeals of Georgia, 2001)
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588 S.E.2d 779 (Court of Appeals of Georgia, 2003)
In the Interest of B. I. F.
592 S.E.2d 441 (Court of Appeals of Georgia, 2003)
In the Interest of T. B.
600 S.E.2d 432 (Court of Appeals of Georgia, 2004)
In the Interest of A. K.
612 S.E.2d 581 (Court of Appeals of Georgia, 2005)
In the Interest of T. L.
630 S.E.2d 154 (Court of Appeals of Georgia, 2006)
In the Interest of C. J.
630 S.E.2d 836 (Court of Appeals of Georgia, 2006)
In re D. L. T.
641 S.E.2d 236 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
641 S.E.2d 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dlt-gactapp-2007.