In Re Dt

555 S.E.2d 215, 251 Ga. App. 839, 2001 Fulton County D. Rep. 3194, 2001 Ga. App. LEXIS 1180
CourtCourt of Appeals of Georgia
DecidedOctober 11, 2001
DocketA01A0947
StatusPublished

This text of 555 S.E.2d 215 (In Re Dt) 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 Dt, 555 S.E.2d 215, 251 Ga. App. 839, 2001 Fulton County D. Rep. 3194, 2001 Ga. App. LEXIS 1180 (Ga. Ct. App. 2001).

Opinion

555 S.E.2d 215 (2001)
251 Ga. App. 839

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

No. A01A0947.

Court of Appeals of Georgia.

October 11, 2001.

*216 Robert A. Kunz, Douglasville, for appellants.

Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, T. Michael Flinn, Carrollton, for appellee.

MIKELL, Judge.

Appellants, the natural mother of D.T. and D.T. and the putative father of the younger child, appeal from the termination of their parental rights. They contend that the trial court erred by admitting evidence of prior deprivation orders and case plans and by not requiring the Carroll County Department of Family & Children Services (the "Department") *217 to place the children with a family member. The appellants also challenge the sufficiency of the evidence. We affirm the termination order of the juvenile court.

On appeal, we view the evidence in the light most favorable to the judgment of the juvenile court and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parents' rights have been lost. In the Interest of A.D., 243 Ga.App. 727, 728, 534 S.E.2d 457 (2000); In the Interest of D.B., 242 Ga.App. 763, 531 S.E.2d 172 (2000).

So viewed, the record shows that D.T. and D.T. are half-brothers who are eleven and seven years of age. They are the youngest of six children born to appellant mother.[1] The Department became involved with this family in February 1996 when appellant mother was briefly incarcerated for driving with a suspended license, and D.T. and D.T. were left in the care of their then 14-year-old sister, who contacted the Department for assistance. The Department kept the children for several days, until appellant father arrived to retrieve them. The record shows that shortly after appellant mother was released from jail on bond and was reunited with D.T. and D.T., she and appellant father burglarized a home in Haralson County and used the proceeds of the burglary to buy drugs.

The Department made an unannounced visit to the family's residence at the West Georgia Lodge on July 18, 1996. The caseworker found the children alone in filthy conditions with inadequate food and wearing soiled clothing. The juvenile court granted the Department temporary custody of the children in an order filed on July 30, 1996. The court held a deprivation hearing on August 8, 1996; however, the appellants did not appear. Service was attempted at their last known residence, but appellants had moved without providing a forwarding address. Neither the Department nor her court-appointed counsel knew appellant mother's whereabouts. Appellant father later admitted that he had fled to Alabama and Texas to elude law enforcement in Georgia around the time of the hearing. The juvenile court entered a deprivation order and placed the children in the custody of the Department.

The record shows that appellant mother worked with the Department to develop a case plan for reunification requiring her to maintain a bond with the children, to obtain and maintain a stable home environment and employment, and to cooperate with the Department by participating in recommended programs and services. However, appellant mother failed to maintain a stable home or steady employment, and she refused to complete a substance abuse program. Instead, she moved to Texas to join appellant father, failing to notify the Department or her family of her whereabouts. While in Texas, appellant father was stabbed in the neck during a drug deal. The appellants subsequently returned to Georgia after they were apprehended by the authorities. Appellant father was extradited to Alabama for an outstanding theft by receiving charge. He served six months in prison there. Appellant mother was allowed to return to Georgia on probation.

Appellant mother contacted the Department in March 1997, approximately seven months after her children were placed in the Department's custody and the deprivation order was entered. She obtained employment at a Waffle House restaurant and found a place to live. In April 1997, she attended a panel review and signed a new case plan, whereby she was required to obtain a psychological evaluation and to follow counseling recommendations made by the panel.

The evidence shows that appellant mother failed to complete the psychological evaluation and that she did not attend the six recommended therapy sessions. Additionally, she refused to comply with the condition of her probation that she submit to random drug tests, and she failed to provide the Department with the results of other drug tests she claimed to have taken. Appellant mother followed her visitation schedule with the children for two months; however, she ceased visitation altogether after July 1997.

*218 She also was unable to maintain consistent employment and lost the housing she had obtained.

On July 17, 1997, a hearing was held to extend the Department's temporary custody of the children. Another deprivation order was entered, and the court ordered that the Department retain custody of the children. Neither parent was present at the hearing. We note that appellant father was incarcerated at the time.

On July 22, 1997, both appellants attended the panel review and signed a new case plan. Appellants stated that they understood the importance of meeting their goals. The panel gave them three months to demonstrate their compliance. Appellant mother was required to do the following: maintain a bond with the children through scheduled visitation; attend counseling twice monthly for a period of six months and follow the subsequent recommendations generated from her psychological evaluation; maintain stable employment and housing for six months and keep her caseworker notified of her status; attend substance abuse counseling twice weekly for six months; submit to drug and alcohol tests when requested; and abide by the terms of her probation. Appellant father was given three months to legitimate his child.

The caseworker did not hear from the appellants again. The evidence showed that they committed several burglaries during the subsequent months and were both incarcerated. The court entered another deprivation order following a hearing held on June 25, 1998, at which both appellants were present.

On February 4, 1999, the Department filed a petition for termination of parental rights against appellant mother and all legal and putative fathers. The court began a hearing on June 17, 1999; however, the matter was continued due to a conflict of interest among counsel. The Department filed a second petition on April 25, 2000. Counsel for appellants stipulated that the children were deprived as both appellants were incarcerated at that time, and the court entered a fourth deprivation order on June 1, 2000.

The termination hearing took place on August 23, 2000. Dr. Linda Eason, a licensed psychologist who performed a full evaluation of D.T. and D.T., testified that the children were in a "very stable and positive environment," and that they had grown very attached to their foster family during the past four years.

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Bluebook (online)
555 S.E.2d 215, 251 Ga. App. 839, 2001 Fulton County D. Rep. 3194, 2001 Ga. App. LEXIS 1180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dt-gactapp-2001.