In Re JP

601 S.E.2d 409, 268 Ga. App. 32
CourtCourt of Appeals of Georgia
DecidedJune 18, 2004
DocketA04A0695
StatusPublished

This text of 601 S.E.2d 409 (In Re JP) 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 JP, 601 S.E.2d 409, 268 Ga. App. 32 (Ga. Ct. App. 2004).

Opinion

601 S.E.2d 409 (2004)
268 Ga. App. 32

In the Interest of J.P. et al., children.

No. A04A0695.

Court of Appeals of Georgia.

June 18, 2004.

*410 James Anagnostakis, Douglasville, for Appellant.

Thurbert Baker, Attorney General, Shalen Nelson, Assistant Attorney General, William Joy, Senior Assistant Attorney General, Laura Hyman, Assistant Attorney General, T. Flinn, Law Offices Of T. Michael Flinn, Carrollton, for Appellee.

MIKELL, Judge.

J.P., the biological father of Ju.P. and Je.P., appeals the juvenile court's order terminating his parental rights and awarding custody to the Carroll County Department of Family and Children Services ("DFCS"). For the reasons set forth below, 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 natural parent's rights to custody have been lost."[1] "We do not weigh *411 the evidence and must defer to the trial judge as the factfinder."[2] So viewed, the evidence shows that on January 17, 2001, DFCS obtained emergency custody of Ju.P., who was six months old. The infant was living with his parents and two half-siblings in a shack that had no heat, running water, or bathroom facilities. Marijuana was found in the shack, and the parents tested positive for marijuana use. After a hearing held on January 26, 2001, the juvenile court entered an order adjudicating the child deprived, pursuant to his parents' stipulation, and awarding temporary custody to DFCS. A DFCS case review revealed that the child suffered from numerous medical problems, including fetal alcohol syndrome, reactive attachment disorder, post-natal neglect, developmental delays, and asthma. According to his foster mother, the back of Ju.P.'s head was flat when he first came into her care, and a neurosurgeon fitted him with a cranial helmet for six months to correct the problem. Apparently the problem was caused by his parents leaving him lying on his back for extended periods of time.

DFCS developed a reunification case plan on April 25, 2001, requiring appellant to learn and demonstrate parental skills needed to meet Ju.P.'s medical and emotional needs; maintain stable housing and employment; remain free of drugs and alcohol; maintain an attachment with the child; and legitimate him. On December 4, 2001, DFCS filed a motion to adopt a plan for nonreunification, alleging that both parents had failed to comply with their case plans.

Three weeks later, on December 27, 2001, Je.P. was born. DFCS opened a case file on the child and continued to provide services to the family so that he could remain in the home. Ju.P. remained in DFCS custody, and additional case plans, which were reviewed by citizen panels and incorporated by court orders, were implemented. The panels did not recommend reunification. DFCS filed a petition to terminate parental rights to Ju.P. on January 2, 2003, but later withdrew the petition to permit additional reunification efforts. The parents were required to meet specific goals, including remaining free of drugs and alcohol. However, one month later, the mother tested positive for methamphetamine. DFCS then filed a petition alleging that Je.P. was deprived. The juvenile court held a hearing, adjudicated the child deprived, and ordered that he be placed into DFCS custody as well. He came into DFCS's care on February 21, 2003. DFCS developed a nonreunification case plan for both children, which was incorporated by court order on May 19, 2003. The children's court-appointed special advocate recommended termination of parental rights.

DFCS filed a petition to terminate parental rights to both children on July 1, 2003. The hearing was held in September. The mother did not attend. Appellant arrived two hours late and did not testify. DFCS intended to call as its first witness the psychologist who evaluated appellant, but the parties stipulated to the admissibility of her report. In the report, the psychologist expressed concern about appellant's history of marijuana and alcohol abuse, noting that he was evaluated at a substance program and that treatment was recommended. However, appellant failed to follow through with treatment. In addition, the psychologist reported that appellant denied the existence of a problem and claimed to be in full remission. The psychologist also expressed concern that appellant lacked basic parenting skills but claimed that he was fully aware of how to tend to Ju.P.'s medical needs. This expert noted that appellant tended to rationalize. For example, he pleaded guilty to aggravated battery in July 2001 for breaking the mother's jaw, but did not seem to believe that he assaulted her. Also, a drug screen performed in 2002 showed that appellant had ingested methamphetamine, but he attributed the test result to medication.

DFCS's first witness, Beth McGahee, was assigned to Ju.P.'s case on February 1, 2003, after the parents requested a new caseworker. She testified that she created a new case plan with the parents, but appellant indicated *412 that he had no desire to work on another plan. Appellant did submit to a drug test, which was negative. McGahee further testified that she visited the home while Je.P. lived there, and although there was a space heater in the living area, it was very cold in Je.P.'s bedroom. In addition, there was no milk or formula in the home, and the food in the refrigerator was uncovered.

McGahee further testified that she arranged for appellant to obtain substance abuse treatment free of charge, but he did not avail himself of this opportunity. McGahee detailed appellant's noncompliance with the goals of his case plan, including his failure to attend Ju.P.'s medical appointments, to call the caseworker to inquire about Ju.P.'s health, or to cooperate with child support enforcement. Appellant appeared in her office in August and expressed his belief that he had completed all of the goals on his case plan. McGahee believed that it would be harmful to the children to be returned to their parents, primarily because neither parent had shown any interest in the children's medical needs and because of their failure to maintain stable housing. She further testified that the children have thrived in foster care. Finally, McGahee noted that DFCS had been unable to pursue relative placement because the only relative suggested by the parents was the paternal grandfather, who was not willing to take custody of the children.

Amanda Stephens, a visitation coordinator, testified that the parents visited Ju.P. regularly until June 2002, then sporadically through August 2002, when they stopped altogether for three months. However, she also stated that appellant had visited the children regularly in the five months preceding the hearing, especially since separating from the mother.

The children's foster mother recounted Ju.P.'s extensive history of physical and behavioral difficulties. She testified that when Ju.P. came into her care, the child was filthy, the back of his head was flat, and his sleeper pajamas were so small that his toes were curled and his skin was imprinted with lines from the seams. Moreover, the child suffered from asthma, ear infections, gastric reflux, and he was lethargic and unresponsive to stimuli. She testified that his current behavioral problems included tantrums, beating his head against the wall, biting himself and others, and pulling his genitals, and that Ju.P.

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Bluebook (online)
601 S.E.2d 409, 268 Ga. App. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jp-gactapp-2004.