In Re FC

549 S.E.2d 125, 248 Ga. App. 675, 2001 Fulton County D. Rep. 1155, 2001 Ga. App. LEXIS 363
CourtCourt of Appeals of Georgia
DecidedMarch 20, 2001
DocketA01A0780
StatusPublished

This text of 549 S.E.2d 125 (In Re FC) 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 FC, 549 S.E.2d 125, 248 Ga. App. 675, 2001 Fulton County D. Rep. 1155, 2001 Ga. App. LEXIS 363 (Ga. Ct. App. 2001).

Opinion

549 S.E.2d 125 (2001)
248 Ga. App. 675

In the Interest of F.C., et al., children.

No. A01A0780.

Court of Appeals of Georgia.

March 20, 2001.

*127 Anne M. Lugo, Sheryl D. Fambrough, for appellant.

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Asst. Atty. Gen., John L. Welsh II, Lawrenceville, for appellee.

*126 MIKELL, Judge.

The biological mother of F.C., A.C., and H.A.[1] appeals the juvenile court's order terminating her parental rights.[2] Having determined that the evidence supports the termination and that no reversible error occurred, we affirm.

On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether any rational trier of fact could have found by clear and convincing evidence that the biological parent's rights to custody have been lost.[3] We do not weigh the evidence or determine the credibility of witnesses, but defer to the trial court's fact-finding and affirm unless the evidence fails to satisfy the appellate standard of review.[4]

So viewed, the evidence shows that in April 1998, the mother, who resided in Ohio, left the state with her three children to visit with her brother in Georgia. After two weeks, the brother asked them to leave. On April 22, the mother was arrested for public drunkenness and disorderly conduct,[5] and the children were placed in the emergency custody of the Gwinnett County Department of Family & Children Services (DFACS). DFACS developed a reunification case plan that required the mother to improve her parenting skills, remain alcohol-free, maintain a stable lifestyle, cooperate and maintain contact with DFACS, and cooperate with the Child Support Enforcement Unit (CSE).[6] The mother reviewed, and agreed to, the reunification case plan goals. On May 28, 1998, the juvenile court incorporated the goals into a court order.

Shortly thereafter, the mother moved back to Ohio, leaving the children in Georgia in foster care. A DFACS caseworker testified that she did not hear from the mother again until August. By then, F.C. and A.C. had been placed with their biological father in Ohio, but H.A., who had a different father, remained in foster care in Georgia. The mother requested that H.A. be placed in a foster home in Ohio. The caseworker explained that DFACS does not place children in out-of-state foster homes and instead referred the mother to an Ohio agency and assigned an Ohio caseworker to assist with reunification.

On May 4, 1999, the juvenile court determined, after a hearing, that the mother had failed to progress on the case plan, that *128 DFACS had made reasonable efforts to reunite the family, and that DFACS was permitted to discontinue reunification efforts. The following month, DFACS filed a petition to terminate the mother's parental rights.

At the termination hearing in March 2000, a DFACS caseworker, who had been involved with the case from May 1998 to May 1999, testified that the mother had not completed the goals of her case plan. Specifically, the mother had failed to maintain contact with DFACS; had missed two scheduled appointments to obtain an alcohol and drug assessment before leaving Georgia; and, after returning to Ohio, the mother provided to DFACS an alcohol and drug assessment with "inconclusive" results. The caseworker testified that the mother failed to follow up, despite DFACS' request, and that the mother also failed to provide any documentation confirming that she had completed a parenting skills course. Another DFACS caseworker testified that although the mother reported that she worked 55 hours per week, the total amount of child support that she paid between April 1998 and March 1999 was only $119.34 per child. The mother never requested financial assistance or claimed that financial difficulties prevented her from completing her case plan goals.

The mother testified that since returning to Ohio, she had moved into an efficiency apartment, which she shared with a male roommate. She described the apartment as "one big room with a hallway and a restroom with a shower." Although the mother testified that she had financially supported and maintained contact with F.C. and A.C. since they were placed with their father in Ohio, she had not seen them since December of 1999. She had not visited H.A. since leaving Georgia in May 1998 and had spoken to her only once, in February 2000.

A clinical psychologist testified that when she began treating H.A. in September 1999, the child was "having a lot of difficulty in school, acting out aggressively, hitting other children." After receiving treatment and moving to a new home, H.A. had "done very well both at home and at school." The psychologist testified that for about two weeks after H.A.'s telephone conversation with her mother, however, H.A. was "very anxious" and had "increased difficulties at school."

The guardian ad litem recommended termination. On May 26, 2000, the juvenile court terminated the mother's parental rights to F.C., A.C., and H.A.

1. In two enumerations of error, the mother contends that the evidence is insufficient to support the termination of her parental rights. We disagree.

Before terminating parental rights, a juvenile court must employ a two-prong test.[7] First, the juvenile court must make a finding of parental misconduct or inability, which is proved by clear and convincing evidence that: (1) the children are deprived; (2) lack of proper parental care or control is causing the deprivation; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the children.[8] If all four factors are met, the court must then decide whether the termination would be in the best interests of the children, considering their physical, mental, emotional, and moral condition and needs.[9]

As for the first prong of the termination analysis, ample clear and convincing evidence of the four factors established parental misconduct or inability in this case. First, the juvenile court declared the children deprived in orders issued in April and May 1998. The mother is bound by those determinations because she did not appeal them.[10]

Second, the deprivation orders, combined with the mother's failure to comply with the case plan, her history of alcohol abuse, and the testimony in the court below, show that *129 the mother's lack of parental care or control caused the children's deprivation.[11]

Third, in determining whether the children's deprivation is likely to continue, the juvenile court may consider the parent's past conduct.[12] Furthermore, "`the decision as to a child's future must rest on more that positive promises which are contrary to negative past fact.'"[13] The record before us belies the mother's claim that she complied with the reunification plan. In addition, the mother has offered no plan for adequately housing or otherwise caring for her children. Thus, sufficient clear and convincing evidence existed from which the juvenile court could have concluded that the deprivation was likely to continue.

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Bluebook (online)
549 S.E.2d 125, 248 Ga. App. 675, 2001 Fulton County D. Rep. 1155, 2001 Ga. App. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fc-gactapp-2001.