In Re Jrn

662 S.E.2d 300
CourtCourt of Appeals of Georgia
DecidedMay 14, 2008
DocketA08A0524, A08A0525
StatusPublished

This text of 662 S.E.2d 300 (In Re Jrn) 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 Jrn, 662 S.E.2d 300 (Ga. Ct. App. 2008).

Opinion

662 S.E.2d 300 (2008)

In the Interest of J.R.N. et al. (two cases).

Nos. A08A0524, A08A0525.

Court of Appeals of Georgia.

May 14, 2008.

*301 David Leroy Whitman, Lawrenceville, for Appellant.

Thurbert E. Baker, Atty. General, Shalen S. Nelson, Senior Atty. General, Elizabeth M. Williamson, Asst. Atty. General, Victoria Wallace Wuesthoff, for Appellee.

PHIPPS, Judge.

The mother of five minor children appeals orders of the Juvenile Court of Gwinnett County finding the children deprived and terminating her parental rights. Case No. A08A0524 is her appeal from the termination order. Case No. A08A0525 is her appeal from the deprivation order. She complains of the court's admission of the results of two drug screens administered to her at the time of the deprivation hearing. She also challenges the sufficiency of the evidence to show harm to the children from any continued deprivation. Finding no basis for reversal, we affirm.

The five children (three girls and two boys) were taken into emergency shelter care in October 2004. At the time, they were aged four, six, seven, nine, and eleven. The precipitating cause for their removal from the home was physical abuse of one of the children by his father coupled with the father's physical abuse of the mother in the children's presence. In addition, the mother had allowed the physical abuse to continue by allowing the father back into the home through removal of a restraining order entered during a prior case investigation.

In November 2004, the Gwinnett County Department of Family and Children Services (DFCS) filed a plan for the reunification of the mother with the children. Among other things, the plan required the mother to attend and successfully complete psychological and psychiatric evaluations, parenting classes, and domestic violence classes.

As of November 2005, the children had been placed in foster homes. Two of the girls were doing well, one girl was having problems and the boys were having emotional or behavioral problems. The mother had completed a psychological evaluation, parenting classes, and an alcohol and drug assessment; she was attending relapse prevention classes weekly; and she was no longer living with the father. But she had not completed domestic violence classes, did not have stable housing, and had not provided adequate proof of employment. In November 2005, DFCS filed a motion for nonreunification, alleging that further efforts to reunite the children with their mother would be detrimental because she had not visited the children on a consistent basis and had failed to make substantial progress in their case plan.

The nonreunification action came before the juvenile court in January 2006. The parties stipulated that the mother had completed parenting classes, a domestic violence assessment, a psychological evaluation, family counseling, and most requested random *302 drug screens. She had also visited the children bi-weekly. But she was unemployed and did not have stable housing or sufficient income to provide for the children's needs. Based on a consideration of all these factors, the court entered an order relieving DFCS of responsibility for continuing efforts to reunify the mother with the children.

As of May 2006, the judicial citizen review panel found that the girls were doing well in foster care, that the boys' conditions were improving, and that all children were in therapy. Termination of parental rights and adoption were thus recommended as long-term goals.

In August 2006, the juvenile court conducted a review hearing at which the mother appeared. She testified that she was employed doing maintenance work, that she was living in an apartment provided by a municipal housing authority, and that she was visiting the children monthly.

In October 2006, DFCS filed a petition alleging that the children continued to be deprived and seeking a termination of the mother's parental rights. In the petition, DFCS alleged that although the mother had made progress on the reunification case plan, she had left the review hearing without taking an agreed-upon drug screen and had since evaded attempts by DFCS to verify her sobriety.

A deprivation hearing was held in December 2006. At that hearing, the mother admitted that she had begun using drugs and alcohol when she was as young as 11 or 12 years old; that, while together, she and the father had consumed alcohol, amphetamines, cocaine, and marijuana; that she had used drugs such as methamphetamine and marijuana within the past year; and that she used legal, over-the-counter drugs such as ephedrine to wean herself from other drugs and for energy.

At the deprivation hearing, Felicia Steverson, an intake officer employed by the Juvenile Court of Gwinnett County, performed a urine drug screen on the mother. The mother objected to admission of the results of the drug screen under Daubert v. Merrell Dow Pharmaceuticals[1] and on the ground that a proper foundation had not been laid by showing that the witness was adequately trained to perform the test and interpret the results. The witness testified that when she began her employment as an intake officer about 14 years earlier, a more senior officer had trained her to administer the test in accordance with the instructions provided in kits by the test manufacturers. And although she had been administering the particular test she was using that day for only about three or four years, it was used routinely and its results admitted in evidence in Gwinnett County and other jurisdictions. Based on the witness's testimony, the court overruled the mother's objection. The court then admitted a copy of the results of the urine screen showing positive readings for methamphetamine and amphetamine.

At the deprivation hearing, Timothy Garner, an employee of a urinalysis company known as New Hope Diagnostics, testified that beginning in August 2006, he had gone to the mother's house at least seven times to perform random drug screens at the request of DFCS. He had performed only one test. Although its results were negative, he was unable to perform any other tests because the mother was either at home and refused to answer the door or failed to contact him after being requested to do so in a card he had left at her home.

While Garner was on the stand, the hearing was adjourned so that he could perform urine and hair follicle tests on the mother that day. The mother, however, refused to provide a hair sample. And after the hearing resumed, she objected to admission of the results of the urine test on the same grounds that she had objected to the urine test performed by Steverson.

Garner testified that the urine test, manufactured by U.S. Diagnostic, Inc., is a preliminary screen designed to eliminate the necessity of proceeding with laboratory analysis if the sample tests negative. According to Garner, however, the results are "very accurate." Although Garner was not a laboratory technician and had received no formal training, *303 he administered the test in accordance with instructions provided by the manufacturer and was certified by a government agency as qualified to properly collect samples, follow custody-control procedures, package them, and send them to the laboratory. After the court overruled the mother's objection to admission of the results of the urine screen, Garner testified that the mother had tested positive for amphetamine but negative for methamphetamine.

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Related

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (Supreme Court, 1993)
Tutton v. State
346 S.E.2d 898 (Court of Appeals of Georgia, 1986)
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116 Cal. Rptr. 2d 331 (California Court of Appeal, 2002)
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In the Interest of T. P.
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In the Interest of J. K.
629 S.E.2d 529 (Court of Appeals of Georgia, 2006)
In the Interest of T. J.
637 S.E.2d 75 (Court of Appeals of Georgia, 2006)
In re D. L. T.
641 S.E.2d 236 (Court of Appeals of Georgia, 2007)
In the Interest of M. C.
653 S.E.2d 120 (Court of Appeals of Georgia, 2007)
In the Interest of J. R. N.
662 S.E.2d 300 (Court of Appeals of Georgia, 2008)

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Bluebook (online)
662 S.E.2d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jrn-gactapp-2008.