In Re Hfg

635 S.E.2d 338
CourtCourt of Appeals of Georgia
DecidedAugust 9, 2006
DocketA06A1129
StatusPublished

This text of 635 S.E.2d 338 (In Re Hfg) 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 Hfg, 635 S.E.2d 338 (Ga. Ct. App. 2006).

Opinion

635 S.E.2d 338 (2006)

In the Interest of H.F.G., a child.

No. A06A1129.

Court of Appeals of Georgia.

August 9, 2006.

Robert C. Richardson, Jr., Camilla, for appellant.

Thurbert E. Baker, Atty. Gen., Shalen S. Nelson, Sr. Asst. Atty. Gen., Brian D. Bellamy, Charissa A. Ruel, Asst. Atty. Gen., for appellee.

MIKELL, Judge.

Appellant mother appeals the termination of her parental rights to five-year-old H.F.G. She claims there was insufficient evidence to support the termination and also claims that it was error to terminate her rights to the child in the absence of a reunification plan *339 which complied with OCGA § 15-11-58. For the reasons set forth below, we affirm.

On appeal from a termination order, we view the evidence in the light most favorable to the appellee and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost.[1] "We do not weigh the evidence or determine the credibility of the witnesses but defer to the trial court's factfinding and affirm unless the evidence fails to satisfy the appellate standard of review."[2]

So viewed, the evidence shows that the Mitchell County Department of Family and Children Services ("DFCS") filed a deprivation complaint on April 9, 2002, and a deprivation petition on April 16, 2002, alleging that appellant, who was 14 at the time of H.F.G.'s birth and mildly retarded, had missed medical appointments for H.F.G. and had left him in the care of his maternal grandmother who was mentally and emotionally unstable. During an adjudicatory hearing on April 23, 2002, appellant stipulated to a finding that H.F.G. was deprived. In a subsequent order, the juvenile court adjudicated H.F.G. deprived, but allowed appellant to retain custody of him under DFCS supervision and on the condition that while in school, she leave the child with an appropriate daycare provider other than her mother. On April 29, 2002, appellant left H.F.G. with her mother. On that same date, DFCS obtained emergency custody of the child. Following an adjudicatory hearing where appellant admitted violating the court's previous order, the court found H.F.G. deprived and awarded DFCS temporary legal custody. The juvenile court's orders were never appealed.

In May 2002, DFCS established a reunification plan which required appellant to enroll in school and attend everyday unless ill; apply herself academically in order to receive a diploma; attend mental health treatments and follow and any all recommendations; attend parenting classes; keep DFCS informed of her current address and telephone number; and maintain her income.[3] The plan was renewed on October 28, 2002, and the juvenile court issued an order incorporating that plan on November 18, 2002. Following a hearing on April 22, 2003, the court entered an order on May 15, 2003, incorporating a renewed reunification plan which contained additional goals requiring that appellant obtain and maintain stable, clean, safe, and sufficiently spacious housing, and cooperate with a parenting aide. In a subsequent order, dated June 24, 2003, the juvenile court granted DFCS's motion for extension of custody, finding that appellant continued to leave H.F.G. with inappropriate care givers and was incarcerated at the Macon Regional Youth Development Center for being an unruly child. That order was not appealed. On February 19, 2004, and March 4, 2004, respectively, DFCS filed a new deprivation complaint and a new deprivation petition. Following a hearing on March 23, 2004, the juvenile court entered an order adjudicating H.F.G. deprived and extending DFCS's custody. In that order, the juvenile court reiterated its findings of June 24, 2003, and further found that appellant and H.F.G.'s putative father, C.W., failed to complete their case plan goals; that appellant had not attended school diligently; that appellant did not cooperate with transportation for visitation; that appellant could not support herself or H.F.G.; and that C.W. had not legitimated the child or attempted to visit him. That order was not appealed.

On April 9, 2004, DFCS filed a petition to terminate the parental rights of appellant and C.W., asserting that appellant had failed to comply with the goals of her case plan and that C.W. had failed to legitimate the child. Before a hearing was held on the petition, the court entered an order on June 4, 2004, incorporating a fourth renewed reunification plan which contained additional goals requiring that appellant obtain childcare services or *340 assure H.F.G.'s proper supervision, prove to DFCS that she can be a fit parent, and visit the child as scheduled. A termination hearing was held on June 11, 2004, at which time the juvenile court ordered that C.W.'s parental rights be terminated on the ground that he had taken no steps to legitimate the child, and that the hearing as to appellant be continued to subpoena additional witnesses. In October 2004, DFCS renewed a fifth reunification plan, requiring appellant to submit to random drug screens and comply with child support enforcement recommendations.

The hearing on DFCS's petition to terminate appellant's parental rights was rescheduled for May 24, 2005, at which time psychologist Connie Schenk testified that she performed a psychological evaluation of appellant on March 26, 2003. Schenk concluded that appellant is mildly retarded with a Full Scale IQ of 57; that she performs at a second-grade level; that she has inappropriate expectations of a child; that she lacks the ability to empathize; and that she has a strong belief in corporal punishment. Schenk expressed concern about appellant's parenting skills, opining that she would need around-the-clock assistance, "[o]n-site supervision; someone there to assist her because of [her] intellectual and parenting deficits." Schenk noted that appellant's mother and brother were equally impaired, and therefore could not assist appellant in parenting H.F.G. Schenk found it unlikely that appellant could obtain a GED.

Sheneka Riggins, a social services case manager with DFCS, testified that appellant had satisfied all case plan goals except completing high school or obtaining a Special Education Certificate or GED. Riggins explained that appellant could lose her SSI benefits if she did not attend school. Since H.F.G. had not lived in appellant's home for two years, Riggins could not say whether appellant was a fit parent, however, she explained that in order to prove she is a fit parent, appellant must "prevent the problems that basically brought the child into foster care. Meaning that . . . she would stay home with the child, not leave the child with mom. Basically, just provide the basic needs of the child." Riggins did not recommend returning H.F.G. to his mother because of her "mental abilities" and lack of familial support. According to Riggins, H.F.G. has lived in the same foster home for three years, and his foster parents want to adopt him. He has serious anger problems and is developmentally delayed. Riggins was not aware of any individuals or services capable of providing 24-hour parenting assistance to appellant. According to Riggins, even if appellant had completed all case plan goals, she would not recommend reunification because of the "mental ability" of appellant's family.

Appellant testified that her friend, Nichol Kelson, a mother herself, or appellant's boyfriend could help appellant with H.F.G.

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In the Interest of H. F. G.
635 S.E.2d 338 (Court of Appeals of Georgia, 2006)

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Bluebook (online)
635 S.E.2d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hfg-gactapp-2006.