In Re GB

588 S.E.2d 779, 263 Ga. App. 577
CourtCourt of Appeals of Georgia
DecidedOctober 8, 2003
DocketA03A1146
StatusPublished

This text of 588 S.E.2d 779 (In Re GB) 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 GB, 588 S.E.2d 779, 263 Ga. App. 577 (Ga. Ct. App. 2003).

Opinion

588 S.E.2d 779 (2003)
263 Ga. App. 577

In the Interest of G.B., a child.

No. A03A1146.

Court of Appeals of Georgia.

October 8, 2003.

*780 Lindsey & Jacobs, Tamara Jacobs, Barnesville, for appellant.

Thurbert E. Baker, Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen Nelson, Nina Edidin, Asst. Attys. Gen.; W. Ashley Hawkins, Forsyth, for appellee.

SMITH, Chief Judge.

The mother of G.B. appeals from the juvenile court's order terminating her parental rights. She argues that the evidence does not support the court's decision, that the juvenile court failed to make certain required findings, and that the Department of Family and Children Services failed to seek adequate alternatives to termination. We find no basis for reversal, and we affirm.

1. We first address the mother's contention that the evidence was insufficient to terminate her parental rights. On appeal of a juvenile court's order terminating a parent's rights in his or her child, we do not weigh the evidence or determine witness *781 credibility, and "we view the evidence in a light most favorable to the juvenile court's order and determine whether a rational trier of fact could have found by clear and convincing evidence that the natural parent's rights should have been terminated." In the Interest of C.N.H., 238 Ga.App. 50, 517 S.E.2d 589 (1999).

So viewing the evidence, the record shows that the Lamar County Department of Family and Children Services (the department) took custody of G.B. in May 1998, when G.B. was 11 months old, as a result of the mother's altercation with her 13-year-old son, L.J., who was living with his grandmother.[1] G.B. was removed from her mother. The mother subsequently regained custody, but in February 2000, the department opened a supervision case by order of the juvenile court as a result of another domestic dispute involving L.J. This incident included G.B.'s maternal grandmother and the mother's sister. The mother was present with G.B., and the juvenile court's order required the mother to stay away from L.J. and the grandmother's home.

G.B. was removed from her mother a second time, on August 29, 2000, again because of an altercation between the mother and L.J. In addition, the mother was "using alcohol to excess." At that time, the department was unable to establish an address for the mother. G.B. was placed in emergency care. The mother failed to appear at a hearing scheduled August 30, 2000, and the department was granted temporary custody of G.B. Between August 30, 2000, and August 16, 2002, the date the termination petition was filed, the department developed at least three reunification plans, all of which required the mother to visit with G.B., to pay child support, to remain drug and alcohol free, and to cooperate with the department. The latter two plans further required the mother to find employment and to find her own home.

During the department's involvement with the mother and G.B., it funded the deposit and first month's rent on an apartment home. The mother lost her job, however, and was unable to maintain that apartment. The department also assisted her with transportation, child care, and an employment search, and it helped her obtain Medicaid. It further funded drug screens, made referrals for substance abuse assessments, parenting classes, AA meetings, and anger management counseling. In addition, the department placed the mother and G.B. in a residential substance abuse program, which the mother did not complete. She was asked to leave the program because she did not comply with agency rules. Because the mother did not complete the residential program, the department filed a contempt action on May 21, 2001. Although the juvenile court judge directed the mother to return to the program and complete it, she failed to do so.

Officer Mark Evans testified concerning a number of domestic incidents at the home of the grandmother. On January 19, 2002, in response to an emergency call, he went to the residence and "smelled a strong odor of alcohol" on the mother. A few days later, he returned to the home following another emergency call, and the mother was "very intoxicated." Both visits concerned the child's putative father. The first call involved a "suspicious vehicle" in the area, and the second resulted from a report that G.B.'s father was entering the house through a window.

On February 2, 2002, Evans returned to the residence. He testified that "[t]he mother and [grandmother] were fighting." L.J., the mother's juvenile son with whom she previously had at least two altercations, and the putative father were present. Evans could smell alcohol on the father; he "was not able to stand on his feet at that time." Evans went to the home two days later, following the mother's report that the father was trying to enter the house. She told Evans that the father "would not leave her alone." Evans testified that she was drunk. The father was arrested that day for disorderly conduct. Evans went to the home on February 7 in response to yet another domestic dispute; the grandmother wanted both the mother and the father to leave the *782 residence. Apparently the home was quiet for approximately five months, but on July 3, 2002, Evans responded to another call at the residence. The mother, L.J., the grandmother, and a related juvenile "were all fighting." The mother testified at the hearing that L.J. has "a really violent temper about him."

G.B.'s caseworker testified that the department "had some pretty extensive history with" L.J. and his grandmother. The caseworker stated that the mother had paid no child support on behalf of G.B. and had failed to maintain "a home on her own that we can determine for a period of six months as the case plan requires. Basically her circumstances pose the same types of risks to the child as they did three years ago. We can't seem to provide enough services or to assist her in causing these risks to be alleviated." The caseworker had seen the mother at the grandmother's home several times in the preceding four months, and she stated that the mother had told her "she was going to be around her mother and that [G.B.] was going to be around her mother and [L.J.] and that there was nothing that we could do about it."

According to this witness, the department was concerned that the mother continued to use alcohol and she was

still around a lot of domestic violence at her mother's home ... and that the child would be back in that situation again and we're concerned that the mother is for some reason not maintaining her own residence away from that environment. We're also concerned that [G.B.] will be unsupervised, that she'll be around a lot of domestic violence and that something really bad will happen to her.

The department was concerned that G.B., then five years old, would be harmed or returned to its custody, if the court did not terminate the mother's rights. She believed G.B.'s life would not "be stable until she receives a safe and permanent home."

Fact issues arose at the hearing as to whether the mother was living in her own residence, as required by her case plans. The mother testified that she had obtained her own apartment approximately four months before the hearing. The caseworker testified that she had been to the apartment on numerous occasions and never found the mother present.

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Bluebook (online)
588 S.E.2d 779, 263 Ga. App. 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gb-gactapp-2003.