In Re Ed

650 S.E.2d 800
CourtCourt of Appeals of Georgia
DecidedAugust 9, 2007
DocketA07A0906
StatusPublished

This text of 650 S.E.2d 800 (In Re Ed) 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 Ed, 650 S.E.2d 800 (Ga. Ct. App. 2007).

Opinion

650 S.E.2d 800 (2007)

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

No. A07A0906.

Court of Appeals of Georgia.

August 9, 2007.

*801 Stephanie D. Burton, Steven M. Harrison, Eastman, for appellants.

Thurbert E. Baker, Attorney General, Shalen S. Nelson Senior Assistant Attorney General, Charles M. Johnson, for appellee.

MIKELL, Judge.

On November 13, 2006, the juvenile court entered an order finding E.D., K.D., K.W., and J.W.,[1] deprived and continuing temporary custody in the Telfair County Department of Family and Children Services (the "Department"). M.G., the mother of all four children, and B.W., the father of K.W. and J.W., appeal, challenging the sufficiency of the evidence. We affirm.

On appeal from a juvenile court's order finding deprivation, we review the evidence in the light most favorable to the juvenile court's judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the children were deprived. We neither weigh evidence nor determine the credibility of witnesses.[2]

So viewed, the evidence adduced at the hearing held on October 4, 2006, shows that the Department became involved with the family on February 1, 2006, upon receiving a report from the Tennessee Department of Children Services concerning violence and alcohol abuse in the home. E.D., the eldest minor child, testified that in January 2006, when the family was living in Tennessee, he witnessed a serious physical altercation between his mother and B.W. They were fist-fighting, then B.W. "was stomping on her *802 chest with his boots." All the children tried to get B.W. away from their mother, and E.D. called 911. B.W. took J.W. and hid in the woods from the police. E.D. testified that his mother suffered a broken nose, bruises on her chest, and a cut requiring stitches in her eyebrow. According to E.D., his mother and B.W. had been drinking beer all day.

Michelle Christian Norris, a social services case manager employed by the Department, testified that the mother confirmed the domestic violence and stated that she had moved with the children to Georgia to get away from B.W. Margaret Dover, the mother's aunt, testified that the mother and children moved into Dover's home in Telfair County for a few weeks in February until they found another place to live. The mother signed a safety plan on February 1, which required her to ensure that B.W. had no physical contact with the children and to call the police if he came to the home.

Norris testified that caseworkers visited with the mother and children through April, urging the mother to undergo drug and alcohol and mental health assessments. Another caseworker, Bennie Watson, testified that the Department formulated a case plan, but the mother refused to sign it because it required her to undergo a mental health assessment. Norris first met with the mother on May 17; the mother was uncooperative, stating that the Department had no right to intervene in her life and that nothing had happened in her home. The father moved back into the home. According to E.D., B.W. had never really left, but sometimes stayed in a nearby motel. E.D. testified that he had witnessed three or four instances of drunken fighting between his mother and B.W. since the family moved to Georgia.

Tmetria Montgomery, who is employed as a client advocate for a social services agency, testified that she assessed the mother at the Department's office on February 6. According to Montgomery, the mother told her "that there were numerous police reports and that she usually was the primary aggressor." The mother was referred for mental health evaluation to help her with anger management, but Montgomery did not know if the mother followed through with the referral. Montgomery tried to meet with the mother in April in order to assist her with furnishing her home, but the mother informed Montgomery that her services were not required because B.W. "had come down and helped her get what she needed for the house."

Based on the domestic violence and the mother's refusal to sign the case plan, the Department filed a complaint on behalf of each child on June 23, 2006. Another serious incident occurred on July 30, when B.W. called 911 and accused E.D. of molesting J.W. Officer Jimmy Adams of the Telfair County Sheriff's Department testified that he picked up B.W. and a "small boy" from the Wheeler County sheriff and brought them to the Telfair County jail. The mother arrived and "went to cussing." Adams put her inside the jail until she calmed down. Deputy John Merritt, Jr., testified that B.W. smelled of alcohol. He performed an alcohol test on B.W., which registered 0.18. Merritt permitted B.W. to leave in exchange for his promise to rent a motel room and not return home or contact the mother. B.W. did not comply, as the mother later called 911 to report that B.W. was making harassing telephone calls to her. Merritt was dispatched to the motel, and B.W. was escorted home.

Adams called the Department, and Norris, Watson and an additional caseworker, Leslie Pope, responded to the home. According to Norris, the mother stated that B.W. was very drunk and that a physical altercation ensued when she tried to stop him from riding on a four-wheeler with J.W. The mother reported that B.W. hit her, grabbed her by the neck, and pushed her face in the dirt, and that K.D., who was then 14, hit B.W. with a stick to keep him from beating his mother. E.D. "left walking."

A few days later, Norris discussed the seriousness of the domestic violence with both parents. They admitted to her that they had a problem with "continuous" use of alcohol, and the mother stated that she would usually leave with the children until B.W. "passed out." B.W. admitted making a false allegation of child molestation against E.D., citing revenge as the reason. Norris explained *803 the emotional impact of the false allegation upon E.D. and the traumatizing effect of the children witnessing and intervening in the parents' drunken altercations. E.D. was struggling in school and told caseworkers "he just couldn't handle it anymore." Mental health assistance was obtained for him but not for the other children, because they did not seem to be having difficulties.

Watson and Pope testified that they completed a safety plan for the mother and children on that day. The plan stated that the mother agreed to place the children with Dover; that Dover agreed to call the police if either parent tried to take custody of the children; and that Departmental funds would be used as necessary to ensure the children's safety. Dover testified that the children stayed with her for three weeks. Then K.W. slapped Dover's granddaughter, pushed her down on the bed, and began hitting her with a pillow. Dover spanked K.W., but the mother misunderstood the reason and became upset. Dover decided it would be best not to keep the children any longer, and she asked the mother to place them elsewhere.

The Department contacted the mother and developed another safety plan on August 17. The plan specified that the mother and the children would reside in the home, while B.W. would reside elsewhere. Both parents signed the case plan, but E.D. refused to go home. The mother agreed to permit the Department to place E.D. in foster care. However, the parents called Norris on the following day to express their dissatisfaction with the plan. B.W. wanted to return to the home, and he accused Norris of falsifying the case plan.

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In the Interest of G. G.
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In the Interest of J. L.
603 S.E.2d 742 (Court of Appeals of Georgia, 2004)
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620 S.E.2d 476 (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 K. W.
631 S.E.2d 110 (Court of Appeals of Georgia, 2006)
In the Interest of E. D.
650 S.E.2d 800 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
650 S.E.2d 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ed-gactapp-2007.