In re K. W.

641 S.E.2d 598, 283 Ga. App. 398
CourtCourt of Appeals of Georgia
DecidedFebruary 1, 2007
DocketA07A0156
StatusPublished
Cited by15 cases

This text of 641 S.E.2d 598 (In re K. W.) 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 K. W., 641 S.E.2d 598, 283 Ga. App. 398 (Ga. Ct. App. 2007).

Opinion

Bernes, Judge.

The Juvenile Court of Bibb County terminated the parental rights of the mother of K. W. and X. W. and placed the two children in the permanent legal custody of the Bibb County Department of Family and Children Services (“DFCS”). The mother appeals, contending that there was insufficient evidence to terminate her parental rights and that the juvenile court should have awarded custody of the children to the maternal great aunt. For the reasons discussed below, we affirm.

On appeal from an order terminating parental rights, we construe the evidence in the light most favorable to the juvenile court’s order. In the Interest of A. T, 271 Ga. App. 470, 471 (610 SE2d 121) (2005). Construed in this light, the evidence reflects that the mother of K. W. and X. W. has had a longstanding problem with crack cocaine addiction dating back to the 1990s. Over the ensuing years, the mother has been involved in four or five drug treatment programs, but has relapsed on multiple occasions back into drug use.

K. W. and X. W. were placed in the temporary custody of DFCS in 2003.1 K. W. was nine years old andX. W. was two years old. Following the children’s removal, DFCS developed a series of court-approved case plans aimed at reuniting the mother with the children. The mother was required to maintain a source of income and adequate housing; attend parenting classes; provide six consecutive months of [399]*399negative drug screens; obtain a psychological evaluation; pay child support; visit the children; and complete a drug treatment program. The mother failed to complete her reunification case plans, and, as a result, the juvenile court authorized changing the goal of the case plans to nonreunification.

DFCS subsequently petitioned to terminate the mother’s parental rights to K. W. and X. W.2 After conducting an evidentiary hearing, the trial court granted the motion based on the mother’s chronic drug abuse problem, her failure to provide any care and support for her children, and her failure to complete her case plan goals or take any other steps to become an effective parent. The juvenile court thereafter conducted a custody hearing and entered an order declining to grant the maternal great aunt legal custody of the children and instead awarding DFCS permanent custody for the purpose of adoption. The mother now appeals these rulings.

1. The mother contends that there was insufficient evidence to support the termination of her parental rights to K. W. and X. W. We disagree.

Before terminating a parent’s rights, a juvenile court must employ a two-prong test. In the first prong, the court must decide whether there is present clear and convincing evidence of parental misconduct or inability. OCGA § 15-11-94 (a). Parental misconduct or inability, in turn, is proven by evidence showing: (1) that the child is deprived; (2) that lack of proper parental care or control is the cause of deprivation; (3) that the cause of deprivation is likely to continue or will not likely be remedied; and (4) that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94 (b) (4) (A). In the second prong of the termination test, the juvenile court must consider whether termination of parental rights would be in the best interest of the child.

(Citation omitted.) In the Interest of A. T, 271 Ga. App. at 472. We will address these factors each in turn.

(a) The Children Must Be Deprived. Regarding the first factor, the juvenile court previously found that K. W. and X. W. were deprived and entered deprivation and extension orders that the mother never appealed. As such, the mother is bound by the juvenile court’s finding [400]*400of deprivation. In the Interest of M. M., 276 Ga. App. 211, 213 (622 SE2d 892) (2005); In the Interest of R. G., 249 Ga. App. 91, 93 (1) (a) (547 SE2d 729) (2001).

(b) Lack of Proper Parental Care or Control Must Cause the Deprivation. As to the second factor, the juvenile court had to consider the conditions set forth in OCGA § 15-11-94 (b) (4) (B), including whether the parent has a history of chronic unrehabilitated drug use “rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition[s] and needs of the child.” OCGA§ 15-11-94 (b) (4) (B) (ii). Additionally, because K. W. and X. W. were not in their mother’s custody, the juvenile court was required to consider

whether the parent without justifiable cause failed significantly for a period of one year or longer (1) to communicate or make a bona fide attempt to communicate with the child in a meaningful, supportive, parental manner; (2) to provide for the care and support of the child; and (3) to comply with a court-ordered plan to reunite the child with the parent. OCGA § 15-11-94 (b)(4)(C).

(Citation omitted.) In the Interest of L. G., 273 Ga. App. 468, 471 (2) (b) (615 SE2d 551) (2005).

The mother admitted at the termination hearing that she had suffered from a chronic crack cocaine addiction since 1994. She acknowledged that over the years she had made several attempts to end her addiction through drug treatment programs, but had repeatedly relapsed into drug use. And, the mother conceded that her chronic drug addiction has interfered with her ability to parent K. W. and X. W. The juvenile court was entitled to weigh this evidence in favor of finding that a lack of parental care and control caused the deprivation of the children. See In the Interest of H. D. T, 273 Ga. App. 863, 866 (b) (616 SE2d 196) (2005); In the Interest of L. G., 273 Ga. App. at 472 (2) (b).

A consideration of the conditions set forth in OCGA§ 15-11-94 (b) (4) (C) likewise justifies the finding of the juvenile court. In this respect, the DFCS case manager testified that the mother had only sporadic contact with her children and that, other than obtaining a psychological evaluation, she had failed to complete any of the goals contained in the case plans approved by the juvenile court. See OCGA § 15-11-94 (b) (4) (C) (i), (iii). Furthermore, DFCS presented evidence that the mother had failed to pay any child support. See OCGA § 15-11-94 (b) (4) (C) (ii).

This combined evidence presented at the termination hearing amply supported the juvenile court’s conclusion that the mother’s [401]*401lack of parental care and control caused the deprivation of K. W. and X. W. DFCS therefore established the second factor required for terminating parental rights.

(c) Cause of the Deprivation Must Be Likely To Continue.

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Bluebook (online)
641 S.E.2d 598, 283 Ga. App. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-k-w-gactapp-2007.