In Re Lec

558 S.E.2d 56, 253 Ga. App. 82, 2002 Fulton County D. Rep. 11, 2001 Ga. App. LEXIS 1413
CourtCourt of Appeals of Georgia
DecidedDecember 18, 2001
DocketA01A2091
StatusPublished

This text of 558 S.E.2d 56 (In Re Lec) 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 Lec, 558 S.E.2d 56, 253 Ga. App. 82, 2002 Fulton County D. Rep. 11, 2001 Ga. App. LEXIS 1413 (Ga. Ct. App. 2001).

Opinion

558 S.E.2d 56 (2001)
253 Ga. App. 82

In the Interest of L.E.C. et al., children.

No. A01A2091.

Court of Appeals of Georgia.

December 18, 2001.

*57 William M. Hill, for appellant.

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, P. Brian Campbell, Asst. Attys. Gen., for appellee.

ELLINGTON, Judge.

The mother of three minor children appeals from the Fulton County Juvenile Court's decision to terminate her parental rights. Because we find the decision was supported by clear and convincing evidence, we affirm.

In five enumerations, the mother contends there was insufficient evidence for the trial court to find that her parental rights should be terminated pursuant to OCGA § 15-11-94. "The standard of review of a juvenile court's decision to terminate parental rights is whether after reviewing the evidence in the light most favorable to the *58 appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost." (Citation and punctuation omitted.) In the Interest of S.H., 251 Ga.App. 555(1), 553 S.E.2d 849 (2001). "We defer to the trial court's factfinding and affirm unless the appellate standard is not met." (Citation and punctuation omitted.) In the Interest of A.S.O., 243 Ga.App. 1(1), 530 S.E.2d 261 (2000).

Under OCGA § 15-11-94(a) (formerly OCGA § 15-11-81), the considerations for terminating parental rights involve a two-step process. The trial court must first determine "whether there is present clear and convincing evidence of parental misconduct or inability." OCGA § 15-11-94(a). Such misconduct or inability may be proved by showing (1) the child is deprived; (2) such deprivation is caused by the lack of proper parental care or control by the parent in question; (3) the 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." OCGA § 15-11-94(b)(4)(A)(i)-(iv). Further, in determining whether there is a lack of "proper parental care and control," the court may consider several factors, including the ... [past or present] "(p)hysical, mental, or emotional neglect of the child." OCGA § 15-11-94[(b)(4)(B)(v)]. If the child is not in the custody of the parent in question, the lack of proper parental care and control can be demonstrated by showing that the parent, without justifiable cause, failed for a period of one year prior to the filing of the termination petition to "develop and maintain a parental bond with the child in a meaningful, supportive manner" [; to complete a court-ordered reunification plan;] or to support the child financially. OCGA § 15-11-94[ (b)(4)(C)(i)-(iii) ]. Once the trial court establishes a lack of parental care and control, the second part of the test for determining whether parental rights should be terminated is whether such termination "is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home." OCGA § 15-11-94(a).

(Citation omitted.) In the Interest of S.H., 251 Ga.App. at 557(1)(b), 553 S.E.2d 849.

Viewed in the light most favorable to the State, as appellee, the record shows that the Fulton County Department of Family & Children Services ("DFACS") took temporary legal custody of the three boys in June 1995 following reports of neglect and physical abuse by the parents. At the time they were removed from the parents' home, L.E.C., Jr. was three years old, F.M.C. was two years old, and L.E.C. III was one year old. Social workers with AGAPE, an agency that coordinated the boys' foster home placements, testified that the boys were "severely neglected," "medically fragile," had not been immunized, had uncorrected vision problems, suffered delays in their speech and mental development, and had other medical and behavioral problems. According to the initial deprivation order, the father had physically abused the children, the court was "concerned" that the mother had also abused the children, and the court found the children to be deprived. The juvenile court ordered the mother to undergo a thorough psychological evaluation and attend parenting classes.[1]

DFACS placed the boys in foster care and developed reunification plans for the mother.[2] The plans required the mother to get a psychological evaluation, obtain counseling, take parenting classes, secure a stable home and finances, visit the children regularly, and stay in contact with DFACS. The boys had alternating weekend visits with their mother. *59 Social workers with AGAPE testified that the boys returned from the visits dirty and wearing the same clothes they were wearing when they left for visitation days earlier. The boys "reeked" of cigarette smoke, even though the children had respiratory problems and the mother had been instructed to keep them away from smokers. The mother did not allow F.M.C. to wear his glasses during the visits and failed to give the oldest child his medications as prescribed. The youngest child appeared as if his diaper had not been changed over the weekend.

In February 1996, a DFACS caseworker temporarily refused to allow the boys to visit with the mother, but the juvenile court threatened the caseworker with contempt and ordered her to arrange visitations. Although visitation opportunities immediately resumed, the mother stopped visiting the children after May 28, 1996.

The mother moved to Tennessee in June 1996. During a 1997 home study visit to the mother's Tennessee home by a child advocate, made in anticipation of reunification, the advocate described the house as "chaotic," with mounds of clothing and "stuff" on the floor and beds. The advocate also testified that she discovered the father hiding in the backyard during that home visit. According to the advocate, both the mother and grandmother denied that the man was the boys' father until the man, himself, admitted to his true identity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shover v. Department of Human Resources
270 S.E.2d 462 (Court of Appeals of Georgia, 1980)
In the Interest of E. C.
482 S.E.2d 522 (Court of Appeals of Georgia, 1997)
In the Interest of J. M. B.
501 S.E.2d 259 (Court of Appeals of Georgia, 1998)
In the Interest of A. S. O.
530 S.E.2d 261 (Court of Appeals of Georgia, 2000)
In the Interest of S. H.
553 S.E.2d 849 (Court of Appeals of Georgia, 2001)
In the Interest of L. E. C.
558 S.E.2d 56 (Court of Appeals of Georgia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
558 S.E.2d 56, 253 Ga. App. 82, 2002 Fulton County D. Rep. 11, 2001 Ga. App. LEXIS 1413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lec-gactapp-2001.