In re Interest of B.R.J.

810 S.E.2d 630
CourtCourt of Appeals of Georgia
DecidedFebruary 8, 2018
DocketA17A1799
StatusPublished
Cited by8 cases

This text of 810 S.E.2d 630 (In re Interest of B.R.J.) 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 Interest of B.R.J., 810 S.E.2d 630 (Ga. Ct. App. 2018).

Opinion

Mercier, Judge.

The mother of four children, B. R. J., J. L. J., A. S. M. J. and T. D. J., filed an application for discretionary appeal from the order of the Juvenile Court of Effingham County terminating her parental rights to the children, contending that the Department of Family and Children Services (DFCS) failed to prove by clear and convincing evidence that her parental rights should be terminated.1 We granted the mother's application.

*633After a thorough review, we find that the evidence was insufficient to support a termination of the mother's parental rights. Accordingly, we reverse.

On appeal from a juvenile court's decision to terminate parental rights, this Court reviews the evidence in the light most favorable to the court's ruling and determines whether any rational trier of fact could have found by clear and convincing evidence that the parent's rights should be terminated. In the Interest of C. S. , 319 Ga. App. 138, 139, 735 S.E.2d 140 (2012). Further, "[i]n the appellate review of a bench trial, ... due deference must be given to the trial court, [inasmuch as] it has the opportunity to judge the credibility of the witnesses." Strickland v. Strickland , 298 Ga. 630, 633-634 (1), 783 S.E.2d 606 (2016). Nonetheless,

this deferential standard of review is tempered by the fact that there is no judicial determination which has more drastic significance than that of permanently severing a natural parent-child relationship. It must be scrutinized deliberately and exercised most cautiously. The right to raise one's children is a fiercely guarded right in our society and law, and a right that should be infringed upon only under the most compelling circumstances.

In the Interest of E. G. L. B. , 342 Ga. App. 839, 840, 805 S.E.2d 285 (2017) (footnote omitted).

So viewed, the evidence shows the following. The children came to the attention of DFCS in March 2014 because B. R. J. had "some skin issues," and there were "numerous people living in and out of the home." DFCS initiated a "family preservation case" to provide "services in the home due to the children's special needs, some delays noticed of the children, and [to] address[ ] [the mother's] mental health issues."2 In November 2014, the mother tested positive for methamphetamine and barbiturates, and DFCS took custody of the children.

On November 21, 2014, the juvenile court entered a preliminary protective order stating that DFCS filed a complaint alleging that the children were dependent and that the court held a hearing on November 17, 2014. In its preliminary order, the court determined that there was probable cause to believe that the children were dependent as defined in OCGA § 15-11-2 (22), and including the following: there were "allegations of neglect of the children and the children's hygiene"; a safety plan had been developed with the mother and the children's legal father (J. G.) in August 2014 which stated that the mother would not be left unsupervised with the children "due to her unaddressed mental health issues"3 ; the mother was non-compliant with service providers and missed appointments for a psychiatric evaluation and had not cooperated in scheduling a mental health assessment; the children's school reported numerous absences and chronic hygiene issues; T. D. J. was not current on immunizations and had not been to a doctor since his birth; 19 people were living in the three-bedroom, one-bathroom house; the mother tested positive for barbiturates and methamphetamine, admitted that she smoked marijuana and had shown marijuana to the children; the children's father had not helped the mother get necessary mental health assessments; service providers reported a chaotic household and an inability to provide services; and the mother's family members resided with her and had a history with DFCS regarding inadequate supervision and neglect. The court found that removing the children from the home pending the filing of and a hearing on the dependency petition was necessary for their protection and that temporary continuation in foster care was in their best interest. The court stated that the mother is unable to provide for the basic needs of the children and had unaddressed mental health needs and substance abuse *634issues. The father is unable and unwilling to help his wife get the assistance she needs or in the alternative find a separate living arrangement for himself and the children.

In December 2014, the court held an adjudicatory hearing on DFCS's dependency petition.4 In its order of adjudication and temporary disposition entered January 9, 2015, the juvenile court set out essentially the same findings made in its November 2014 order. In addition to the findings stated above, the court added that A. S. M. J.'s immunizations were not current; that the mother's girlfriend (who also lived in the house) tested positive for marijuana; and that the children's father was "a registered sex offender through charges brought in Delaware." The court found that the children were dependent as "a result of substance abuse by the children's parent, ... [and that] [t]he substances abused are barbiturates, methamphetamine, and marijuana," and that the parents had not been cooperative with DFCS's efforts to provide resources and services.

On January 16, 2015, after a disposition hearing, the court entered an order continuing temporary legal custody with DFCS. The court noted that DFCS submitted a case plan for reunification and that it was a suitable plan, and ordered DFCS to implement the plan.

In April 2016, DFCS filed a petition to terminate the mother's parental rights to the four children, citing the mother's failure to make progress on her case plan for reunification.

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Cite This Page — Counsel Stack

Bluebook (online)
810 S.E.2d 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-brj-gactapp-2018.