In Re Dltc

684 S.E.2d 29, 299 Ga. App. 765, 2009 Fulton County D. Rep. 2861, 2009 Ga. App. LEXIS 978
CourtCourt of Appeals of Georgia
DecidedAugust 20, 2009
DocketA09A1009, A09A1010
StatusPublished

This text of 684 S.E.2d 29 (In Re Dltc) 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 Dltc, 684 S.E.2d 29, 299 Ga. App. 765, 2009 Fulton County D. Rep. 2861, 2009 Ga. App. LEXIS 978 (Ga. Ct. App. 2009).

Opinion

684 S.E.2d 29 (2009)
299 Ga. App. 765

In the Interest of D.L.T.C. and S.F.L.C., Children.

Nos. A09A1009, A09A1010.

Court of Appeals of Georgia.

August 20, 2009.

*30 Jones & Erwin, Anthony B. Erwin, Calhoun, for appellant (case no. A09A1009).

William R. Thompson, Jr., Joseph D. Little, for appellant (case no. A09A1010).

Richard K. Murray, George P. Govignon, Calhoun, for appellee.

MIKELL, Judge.

In Case Nos. A09A1009 and A09A1010, respectively, the biological mother and father of D.L.T.C. and S.F.L.C. appeal a Gordon County Juvenile Court order terminating their parental rights to the children. We consolidated the two cases to resolve the issues on appeal. For reasons that follow, we reverse the termination order.

In cases involving the termination of parental rights, "[t]he standard of review is whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's right to custody should be terminated."[1] "This Court neither weighs evidence nor determines the credibility of witnesses."[2]

In this case, the evidence is undisputed. The record shows that the biological parents have been consistently involved in the process since the children were removed from their custody by the Gordon County Department of Family and Children Services ("DFACS"). The mother and father were never married but had two children, D.L.T.C., born on March 4, 2001, and *31 S.F.L.C., born on April 30, 2003. In early 2004, when the father was arrested on drug charges and the mother lacked stable housing and employment, DFACS sought and received emergency custody of the children. At a detention hearing two days later, the mother consented to the girls being placed with their paternal uncle and aunt, Brian and Carla Burnett.[3]

At the next hearing on April 16, 2004, the mother admitted to using drugs. The father refused to take a drug test but expressed his intent to legitimate the children. The court concluded that the children were deprived and should remain in the custody of the Burnetts. On August 27, 2004, DFACS filed a complaint seeking nonreunification and a petition to place the children with the Burnetts until they reached the age of 18. On November 30, 2004, the father filed a motion, seeking to intervene, legitimation, and custody of the children. The nonreunification hearing was held several days later on December 2, 2004. The court granted the petition as to the mother, finding that she failed to comply with case plan goals, failed to stay in touch with her case manager, and failed to address her substance abuse problem. The court also ordered that the mother and father were allowed to visit the children on alternate Sundays.

On February 17, 2005, the father's motion for legitimation was granted. The next judicial review order, entered on April 18, 2005, nunc pro tunc, February 17, 2005, allowed the father 48-hour weekend visitation with the children at his mother's house and allowed the mother two hours of visitation at the paternal grandmother's home on one weekend per month. An ex parte order entered that same day, however, suspended the mother's visitation between April 28, 2005 and May 26, 2005, because she left a harassing message on the Burnetts' answering machine. In an order entered on July 18, 2005, the court found that the father was doing better and noted that it had allowed DFACS to close its case on the matter. The children were still found to be deprived and the permanency plan was reunification with the father, with temporary custody remaining with the Burnetts. That order also allowed the father to take the children with him on a family vacation and increased the mother's visitation to two-hour visits every other week at the Burnetts' home.

On January 4, 2006, an order was entered granting the father visitation every weekend and requiring him to attend counseling with Dr. Trish Wright of Calhoun Counseling Center or any other family counselor. An emergency ex parte order was entered on March 24, 2006, however, suspending the father's visitation until March 27, 2006, on the ground that he allowed the children to visit their mother and committed acts of domestic violence in their presence. On April 26, 2006, an order was entered that reduced the mother and father's visitation to weekly supervised visitation at a visitation center. This visitation schedule remained in place through the next hearings on June 19, 2006, and July 19, 2006.

On September 12, 2006, the mother filed a petition for review to have her visitation privileges reinstated after learning they were suspended due to missed visits. The father filed a petition for review on October 20, 2006, seeking modification of his visitation schedule due to the favorable resolution of criminal charges against him[4] and his attendance at counseling with the children. On October 30, 2006, the mother and father's weekly supervised visits with the children were reinstated and the father was also given two additional hours of unsupervised visitation. At a hearing on May 23, 2007, a counselor, who had met with the parties, concluded that the children were "securely attached to each one of the care givers."

The Burnetts filed a petition to adopt the children in the Superior Court of Gordon County. On June 7, 2007, the Superior *32 Court ordered the juvenile court to complete an investigation and give a recommendation regarding the termination of the parental rights of the mother and father, which would be utilized in rendering a decision on the adoption petition. Following that request, the juvenile court entered an interim order allowing both parents increased visitation. In its report to the Superior Court, the juvenile court recommended that the parents' rights be terminated and that the adoption proceed. The adoption hearing occurred on August 18, 2007.[5] At the adoption hearing, the father moved for directed verdict. The superior court ruled that the evidence did not support a showing of an inability on the father's part to parent the children and refused to grant the petition for adoption.[6]

Four days later on August 22, 2007, the Burnetts filed a petition for termination of parental rights in juvenile court, which they voluntarily dismissed on January 29, 2008. On March 20, 2008, the Burnetts filed another petition to terminate parental rights, which is the petition at issue in this appeal. In their petition, the Burnetts stated that a material change in circumstances had occurred over the previous six months. Specifically, the father's verbal abuse of the children had increased and the parents had attempted to damage the bond the children had with the Burnetts. The Burnetts argue that consequently, the stress on the children had increased and that additional bonding had occurred between them and the children, increasing the need for immediate permanency.

The hearing on the petition at issue here occurred on May 12, 2008. At the hearing, Dr. Wright testified that since the last hearing, the children told her that they witnessed domestic violence between their mother and stepfather, and between their father and his mother, as well as between their father's fiancee and his mother and that their father had been verbally abusive to the younger child. According to Dr. Wright, the children also told her that the parents told them not to listen to the Burnetts because they were not their real parents. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
684 S.E.2d 29, 299 Ga. App. 765, 2009 Fulton County D. Rep. 2861, 2009 Ga. App. LEXIS 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dltc-gactapp-2009.