In Re Jd

635 S.E.2d 226
CourtCourt of Appeals of Georgia
DecidedJuly 31, 2006
DocketA06A1467
StatusPublished

This text of 635 S.E.2d 226 (In Re Jd) 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 Jd, 635 S.E.2d 226 (Ga. Ct. App. 2006).

Opinion

635 S.E.2d 226 (2006)

In the Interest of J.D., a child.

No. A06A1467.

Court of Appeals of Georgia.

July 31, 2006.

*227 Michael Bennett, Jr., Bennett Law Firm, Valdosta, for Appellant.

Charles Reddick, Charles R. Reddick, P.C., Homerville, Thurbert Baker, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Charissa Ruel, Assistant Attorney General, for Appellee.

BLACKBURN, Presiding Judge.

Following a hearing, the juvenile court of Lowndes County terminated the parental rights of Jessica Deloach, the mother of three-year-old J.D. Deloach appeals, contending that the juvenile court erred in terminating her parental rights because there was (1) insufficient evidence demonstrating parental misconduct or inability, and (2) insufficient evidence showing that a termination of her parental rights was in the best interest of the child. For the reasons set forth below, we affirm.

*228 In reviewing a termination of parental rights, we determine, after viewing the evidence in the light most favorable to the lower court's judgment, 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." In the Interest of F.C.[1] "This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's fact-finding and affirm unless the appellate standard is not met." In the Interest of R.N.[2]

So viewed, the evidence shows that in early May 2003, the Department of Family and Children Services ("DFCS") received a complaint from Deloach's mother (J.D.'s grandmother) that Deloach was providing inadequate care and supervision for the then 16-month-old J.D. DFCS contacted Deloach and she informed them that she did not want to parent J.D. DFCS tried to place J.D. with another family member but was unsuccessful. Later that month, the grandmother brought J.D. to a DFCS office and requested placement in foster care until Deloach could learn to care for the child. The juvenile court issued a shelter care order and took J.D. into protective custody.

In late May 2003, the juvenile court held a deprivation hearing and found that J.D. was deprived due to the fact that Deloach admitted to not wanting to be a parent; that Deloach acted in a way contrary to the best interest of J.D.'s safety and well-being; and that Deloach had been involved with the Department of Juvenile Justice ("DJJ"). A reunification case plan was established, requiring Deloach to: obtain a stable income and housing; ensure proper supervision of J.D.; complete parenting and anger management classes; cooperate with DFCS's wrap-around services; obtain a psychological evaluation and comply with any recommended treatments; avoid further involvement with the DJJ; attend all hearings, appointments, and visitations; and obtain a high school diploma.

Deloach attended a required psychotherapy session, and the psychologist recommended further counseling to address family and anger issues, but Deloach failed to comply. Additionally, DFCS set up in-home parental counseling, which Deloach never began. Between June 2003 and June 2004, Deloach visited J.D. a total of two times, and in fact, moved from Valdosta to Atlanta to attend Job Corps in August 2003. While attending Job Corps, Deloach became pregnant and gave birth to her second child in August 2004. In June 2004, the juvenile court found that due to Deloach's failure to comply with the reunification plan, including her lack of regular visitation, further reunification efforts would be detrimental to J.D. Consequently, the court prohibited Deloach's further visitation with J.D. and approved J.D.'s eligibility for adoption. Between June 2004 and June 2005, Deloach made no further attempts to contact J.D. nor did she comply with the reunification goals.

In November 2004, DFCS filed a petition to terminate Deloach's parental rights, and in June 2005, following a hearing, the juvenile court found that Deloach's conduct amounted to parental misconduct or inability and that it was in J.D.'s best interest to terminate Deloach's parental rights. This appeal followed.

1. Parental Misconduct or Inability. Deloach contends that there is insufficient evidence demonstrating her parental misconduct or inability. The Georgia Code sets out a two-step process governing a court's termination of parental rights. The first step requires a finding of parental misconduct or inability.[3] In order to satisfy this requirement, the court must find by clear and convincing evidence that: (1) the child is deprived; (2) lack of parental care or control is the cause of the depravation; (3) such cause of deprivation is likely to continue; and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. In the *229 Interest of T.F.[4] Once these factors are satisfied, the court must then decide "whether termination of parental rights is in the child's best interest, considering physical, mental, emotional, and moral condition and needs, including the need for a secure and stable home." Id.

(a) Deprivation. OCGA § 15-11-2 in part provides that a child is deprived when the child is "without proper parental care or control."[5] Here, the juvenile court first adjudicated J.D. deprived by virtue of Deloach's admission that she did not want to parent the child, that she acted contrary to the child's best interest, and that she had been placed under house arrest by the Department of Juvenile Justice after two arrests for assault. The court again adjudicated J.D. deprived at a custody extension hearing in June 2004 because Deloach had failed to comply with her reunification plan goals, including maintaining contact with J.D. More importantly, by the time of the final termination hearing in June 2005, Deloach had made no real progress toward complying with the reunification plan. Accordingly, the trial court properly found that J.D. was deprived.

(b) Lack of Parental Care or Control Caused Deprivation. In determining whether a lack of proper parental care or control caused the deprivation, the juvenile court must consider, but is not limited to, the factors listed in OCGA § 15-11-94(b)(4)(B). In addition to those factors, when the child is no longer in the parent's custody whose rights are at issue, OCGA § 15-11-94(b)(4)(C) directs the trial court to consider

whether the parent without justifiable cause failed significantly for a period of one year or longer [i] [to develop and maintain a parental bond] with the child in a meaningful, supportive, parental manner; [ii] to provide for the care and support of the child; and [iii] to comply with a court-ordered plan to reunite the child with the parent.

In the Interest of H.D.M.[6]

Here, between June 2003 and June 2004, Deloach visited J.D. a total of four times. After the juvenile court terminated her visitations rights, Deloach never tried to work toward the possibility of renewed visitation. Moreover, when Deloach visited J.D., she showed little or no interest in him.

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Related

In the Interest of R. N.
480 S.E.2d 243 (Court of Appeals of Georgia, 1997)
In the Interest of H. D. M.
527 S.E.2d 633 (Court of Appeals of Georgia, 2000)
In the Interest of F. C.
549 S.E.2d 125 (Court of Appeals of Georgia, 2001)
In the Interest of L. G.
615 S.E.2d 551 (Court of Appeals of Georgia, 2005)
In the Interest of J. D.
635 S.E.2d 226 (Court of Appeals of Georgia, 2006)

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Bluebook (online)
635 S.E.2d 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jd-gactapp-2006.