In Re Jwm

614 S.E.2d 163, 273 Ga. App. 20
CourtCourt of Appeals of Georgia
DecidedApril 19, 2005
DocketA05A0433, A05A0434
StatusPublished

This text of 614 S.E.2d 163 (In Re Jwm) 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 Jwm, 614 S.E.2d 163, 273 Ga. App. 20 (Ga. Ct. App. 2005).

Opinion

614 S.E.2d 163 (2005)
273 Ga. App. 20

In the Interest of J.W.M., a child (two cases).

Nos. A05A0433, A05A0434.

Court of Appeals of Georgia.

April 19, 2005.

*165 Rodney Quarles, Chatsworth, for appellant (case no. A05A0433).

Joshua J. Smith, Dalton, for appellant (case no. A05A0434).

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Richard K. Murray, Dalton, for appellee.

MILLER, Judge.

On August 6, 2004, the juvenile court terminated the parental rights of the mother of three-year-old J.W.M. In Case No. A05A0434, the mother claims the juvenile court erred in (i) terminating her parental rights and (ii) failing to comply with the statutory requirements for placing the child with a suitable relative following termination of her parental rights. In Case No. A05A0433, the maternal grandmother of J.W.M. contends the juvenile court erred in (i) failing to consider her as a placement for the child and (ii) abusing its discretion by refusing to place the child with her following the termination of the mother's parental rights. For the reasons set forth below, we affirm in both cases.

Case No. A05A0434

A juvenile court's termination of parental rights is a two-step process:

The first step requires a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) lack of proper parental care or control is the cause of the deprivation; (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. If these four factors are satisfied, the court must then determine 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.

(Footnotes omitted.) In the Interest of T.F., 250 Ga.App. 96, 97-98(1), 550 S.E.2d 473 (2001). See OCGA § 15-11-94(a), (b)(4)(A)(i)-(iv). "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 biological parent's rights to custody have been lost." (Footnote omitted.) In the Interest of F.C., 248 Ga.App. 675, 549 S.E.2d 125 (2001).

1. Parental misconduct or inability. Construing the evidence in a light most favorable to the juvenile court's findings, we consider the factors for showing parental misconduct or inability.

(a) Deprivation. In July 2002, following an evidentiary hearing, the juvenile court entered an order finding J.W.M. to be deprived and placing temporary custody of the child with the Georgia Department of Human Resources (the Department), acting through the Whitfield County Department of *166 Family and Children Services (DFCS). According to the deprivation order, the Department had previously taken immediate custody of J.W.M. after receiving information that the mother was being evicted from her home. The juvenile court determined that the mother had been unable to provide appropriately for J.W.M. and that the child was deprived. Since the deprivation order was not appealed, the mother was bound by its findings for purposes of the termination proceedings. See In the Interest of J.H., 244 Ga.App. 788, 792(2), 536 S.E.2d 805 (2000).

(b) Lack of proper parental care or control is the cause of the deprivation. "When the children are not in the custody of the parent whose rights are in jeopardy, the court considers[, among other things,] whether that parent, without justifiable cause, failed significantly for a period of one year or longer prior to the filing of the termination petition to provide for the care and support of the child, as required by law or judicial decree, or to comply with a court ordered plan for reunification." In the Interest of D.L., 268 Ga.App. 360, 362(1), 601 S.E.2d 714 (2004); OCGA § 15-11-94(b)(4)(C)(ii), (iii). See also OCGA § 15-11-94(b)(4)(B)(i) through (vi).

The juvenile court concluded that the mother had failed, without excuse, to pay the court ordered child support for J.W.M. Evidence showed that the mother was subject to a court order to pay child support of $35 per week but was $759.42 in arrears on her child support obligations. The juvenile court also concluded that the mother had failed for a period of more than 12 months to complete her reunification case plan. The plan required the mother to maintain steady employment and stable housing, complete a parenting class and improve her parenting skills, pay child support, obtain a psychological evaluation, and follow through with recommended treatment. The juvenile court found that although the mother visited the child regularly, her other plan goals were not met. Although the mother made some progress in her plan goals, evidence supports the juvenile court's conclusion that the mother failed to comply with her court ordered reunification case plan. Based on the foregoing, we conclude that any rational trier of fact could find by clear and convincing evidence that the mother's lack of parental care and control was the cause of J.W.M.'s deprivation. See In the Interest of H.Y., 270 Ga.App. 497, 503-504(1)(b), 606 S.E.2d 679 (2004) (considering parent's failure to comply with her reunification case plan goals as a factor in concluding that parent's inability to care for her children was the cause of their deprivation).

(c) The cause of the deprivation is likely to continue. "The court may consider past conduct of the parent in making its determination that such conditions of deprivation are likely to continue. Such an inference is appropriate, since the juvenile court is not required to reunite [J.W.M.] with [the mother] in order to obtain current evidence of deprivation or neglect." (Citations omitted.) In the Interest of D.S., 247 Ga.App. 569, 573, 545 S.E.2d 1 (2001). At the time of the termination hearing, the mother was unemployed. She had moved into a new residence one month before the termination hearing and had not paid the first month's rent. Based on the mother's continued instability in housing and employment and her failure to comply with her reunification case plan, the juvenile court was entitled to conclude by clear and convincing evidence that the cause of J.W.M.'s deprivation was likely to continue. See In the Interest of A.M.W., 249 Ga.App. 22, 24, 547 S.E.2d 401

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614 S.E.2d 163, 273 Ga. App. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jwm-gactapp-2005.