In Re Jsts

614 S.E.2d 863, 273 Ga. App. 221
CourtCourt of Appeals of Georgia
DecidedMay 10, 2005
DocketA05A0483
StatusPublished

This text of 614 S.E.2d 863 (In Re Jsts) 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 Jsts, 614 S.E.2d 863, 273 Ga. App. 221 (Ga. Ct. App. 2005).

Opinion

614 S.E.2d 863 (2005)
273 Ga. App. 221

In the Interest of J.S.T.S. et al., children.

No. A05A0483.

Court of Appeals of Georgia.

May 10, 2005.

*864 Rodney Q. Quarles, Chatsworth, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Cynthia N. Johnson, Cohutta, for appellee.

MIKELL, Judge.

C.S., the biological mother of J.S.T.S. and A.S.L.W., appeals the juvenile court's order terminating her parental rights[1] and awarding permanent custody to Sam and Amanda Haley. 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.[2] "We do not weigh the evidence and must defer to the trial judge as the factfinder."[3]

So viewed, the evidence shows that the Whitfield County Department of Family and Children Services ("DFCS") obtained emergency custody of 12-day-old J.S.T.S. on April 25, 2002, because C.S. and the baby were homeless and the baby was losing weight. The juvenile court found that the child was failing to thrive and needed medical attention and proper care. On May 28, 2002, DFCS implemented a 30-day reunification and concurrent nonreunification case plan for C.S. The plan required the appellant to establish and maintain safe, stable housing and appropriate income for the needs of her family, complete an anger management assessment program, submit to a psychological evaluation and comply with recommended treatment, improve her parenting *865 skills, and cooperate with DFCS. In order to cooperate with DFCS, C.S. was required to keep them apprised of her whereabouts, have consistent supervised visitation with her children, pay child support, have weekly telephone contact with her case manager, submit to random drug screening, and seek treatment in the event of a positive drug screen.

On July 25, 2002, the juvenile court entered an order that J.S.T.S. was deprived and awarded temporary legal custody to DFCS. Approximately one month later, the juvenile court entered a provisional order that transferred custody of J.S.T.S. to Clarence and Donna Griffin for a period of two years.[4] As a part of that order, C.S. was directed to complete her case plan, visit J.S.T.S. every other weekend and every Wednesday, and pay child support. The order was made final on October 9, 2002.

On September 10, 2002, the Griffins filed a petition to terminate C.S.'s visitation with J.S.T.S., or in the alternative, have it take place at the Murray County Sheriff's Department. In their petition, the Griffins alleged the following: they were robbed at gunpoint by someone they believed to be associated with C.S.; C.S. had threatened their safety; she had not complied with the visitation schedule; she admitted to causing her first child's brain injury; and she was unstable and exhibited erratic and hostile behavior. In response thereto, the juvenile court transferred custody of J.S.T.S. back to DFCS, which placed the child in the home of his paternal cousin, Amanda Haley and her husband, Sam Haley. In its order, the juvenile court found that C.S. failed to appear for any scheduled visits; that she appeared unannounced at the Griffins' home and demanded a visit; that upon being told that the child was not home, she became so belligerent that she was arrested; that she was involuntarily committed to Rome Regional Hospital for evaluation later that day; that she threatened the Griffins; that she had numerous mental illnesses but refused medication; that she was unemployed; that she had not completed the case plan on her first child; and that because of her acrimonious relationship with the Griffins, continued visitation would place J.S.T.S. in imminent danger of harm.

On October 31, 2002, DFCS implemented another case plan for C.S., which required compliance with the goals contained in the previous case plan. The juvenile court entered an order that incorporated that case plan. C.S.'s progress was reviewed by judicial citizen panels on January 17, 2003, July 18, 2003, and December 16, 2003. Each panel recommended the termination of C.S.'s parental rights.

On June 12, 2003, C.S. gave birth to A.S.L.W. On August 14, 2003, DFCS obtained custody of A.S.L.W. In its temporary placement order regarding A.S.L.W., the court made the following findings of fact: C.S. was repeatedly dishonest about where she lived; she repeatedly perjured herself before the juvenile court; she knew that the child needed to be on an apnea monitor when sleeping but left the child with a relative without providing instructions about the monitor; she failed to give A.S.L.W. medication; she was unemployed; she tested positive for amphetamine on August 14, 2003; she failed to complete case plan goals for her two older children; she voluntarily relinquished her rights to her first child; and the termination of her rights to the second child was pending. The juvenile court awarded temporary custody to DFCS, after concluding that A.S.L.W. was deprived and that it would be contrary to her welfare to remain with C.S. On September 11, 2003, a case plan was prepared, outlining goals that were substantially similar to those in J.S.T.S.'s case. C.S. did not attend the case plan meeting. The juvenile court issued a supplemental order incorporating the plan on October 24, 2003, and C.S. failed a drug test the following month.

On February 18, 2004, DFCS petitioned to terminate the parental rights of C.S., the children's legal father, and A.S.L.W.'s putative biological father. Because DFCS was unable to locate C.S. or the father of either child, it filed an affidavit for service by publication. On February 27, 2004, the Haleys filed a motion to intervene and a petition for custody of A.S.L.W. The juvenile court held *866 a hearing on the termination petition on August 12, 2004. C.S. was served notice of the final hearing but failed to appear. C.S.'s attorney informed the court that C.S. had not contacted him since March 4, 2004, when he was appointed, and requested that the court relieve him of his role as her attorney. The court granted the request.

At the hearing, Barbara Colburn, a DFCS caseworker, testified that she was in charge of handling the case files of J.S.T.S. and A.S.L.W. Regarding C.S.'s compliance with the case plan goals, Colburn testified that C.S. did not meet the visitation goals set out in the case plan. C.S.'s visits with the children were sporadic in that she missed more visits than she attended. In 2004, C.S. visited the children four times. Colburn testified that C.S. also failed to maintain consistent employment, as required by the case plans. Additionally, C.S. did not consistently submit for drug screening, and each time she was tested, the results were positive. In August 2003, she tested positive for amphetamine and methamphetamine. In November 2003, she tested positive for amphetamine and cocaine, and in April 2004, she tested positive for amphetamine and methamphetamine. C.S. did not pay child support, complete anger management courses, or attend parenting classes. C.S. also failed to maintain a stable residence, another goal of the case plan. Colburn testified that C.S. lived 13 different places during the time the case was pending. The only goal that C.S.

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In the Interest of J. S. T. S.
614 S.E.2d 863 (Court of Appeals of Georgia, 2005)

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Bluebook (online)
614 S.E.2d 863, 273 Ga. App. 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jsts-gactapp-2005.