In Re Mas

643 S.E.2d 370
CourtCourt of Appeals of Georgia
DecidedMarch 9, 2007
DocketA06A2153
StatusPublished

This text of 643 S.E.2d 370 (In Re Mas) 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 Mas, 643 S.E.2d 370 (Ga. Ct. App. 2007).

Opinion

643 S.E.2d 370 (2007)

In the Interest of M.A.S. et al., children.

No. A06A2153.

Court of Appeals of Georgia.

March 9, 2007.

*371 Joseph S. Key, Sexton, Key & Hendrix, P.C., Stockbridge, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, W. Ashley Hawkins, Forsyth, for appellee.

SMITH, Presiding Judge.

The mother of M.A.S. and N.K.S. appeals from the termination of her parental rights. She contends that the evidence was insufficient to support the juvenile court's termination order. We disagree and affirm.

"In considering a challenge to the sufficiency of the evidence in a termination of parental rights case, we review the evidence in the light most favorable to the judgment of the juvenile court and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights have been lost." (Citation omitted.) In the Interest of D.S., 247 Ga. App. 569, 569-570, 545 S.E.2d 1 (2001). So viewed, the evidence shows that the Monroe County Department of Family and Children Services (DFACS) took emergency custody of then three-year-old M.A.S. and five-year-old N.K.S. in June 2002 after their mother and father, who were traveling through Georgia from their home in Arkansas, were jailed in Monroe County with no money to be bonded out. Investigation by DFACS revealed that the mother had been under the influence of valium and was unable to care for herself or to supervise the two children. Following an adjudicatory and dispositional hearing, the juvenile court found the children to be deprived and adopted a reunification case plan in its July 2002 order.

Following a June 2003 hearing, the juvenile court concluded that the children continued to be deprived and ordered that temporary custody and control of the children remain with DFACS. The juvenile court found that the parents had moved to Macon to work on their case plan, stayed in Georgia only two months, and then had gone back to Arkansas, and that the mother had not contacted DFACS since October 2002. The juvenile court entered an order adopting a nonreunification plan for the mother. The juvenile court repeated its findings that the children were deprived in orders which became final in August 2004 and October 2005.

On October 31, 2005, the Department filed a petition for termination of the mother's parental rights.[1] At the January 12, 2006 termination hearing, a Department caseworker testified that the mother had not done anything on her reunification case plan, which required that she establish stable housing, complete drug treatment, be free of drugs for six months, and maintain employment. According to the caseworker, the mother had contacted her in November 2005 to ask for visitation with the children, but had otherwise not contacted the Department in the previous twelve to fourteen months, nor had she visited the children for two-and-a-half years. The mother never paid child support. The caseworker, who had monthly contact with the children, also testified that they were currently placed in a group home, were available for adoption, and were doing well in school.

The mother testified that she lived in Columbus, Georgia with her boyfriend and their ten-month-old child. She was not employed. She admitted that she had not paid child support or completed a drug rehabilitation program as required by her case plan, but maintained that she had been "clean" for two years, and that, "I have just gotten my life together." The mother admitted that her *372 previous drug problems included the use of crystal methamphetamine, pills, and "a little bit of everything."

When asked how long she lived in Arkansas after living in Macon for two months in 2002, she admitted that she could not recall because she had been on drugs. After living in Arkansas, she moved to Oklahoma for six months and then "went on the road" with her boyfriend until she moved into her current apartment in Columbus, where she had been for over a year. She challenged the caseworker's testimony that she had no contact with the children in over two-and-a-half years, contending that she visited M.A.S. and N.K.S. around Christmas of 2004 and that she sent them letters and cards. According to the mother, she asked to visit the children before Christmas of 2005, but was not allowed to do so.

The mother's boyfriend testified that he and the mother planned to marry, although evidence showed that the mother remained married to M.A.S.'s and N.K.S.'s father. According to the boyfriend, the mother no longer used drugs, and she was "perfect" as a parent for their child. A member of the mother's church testified that she was a great mother to the child in her custody. Another church member testified that the mother was off drugs.

1. A juvenile court's termination of parental rights is a two-step process. The court must first find parental misconduct or inability by clear and convincing evidence. Parental misconduct or inability exists where (1) the child is deprived, as such term is defined in OCGA § 15-11-2; (2) lack of proper parental care or control by the parent in question is the cause of the deprivation; (3) such cause of deprivation is likely to continue or will not likely be remedied; and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. See OCGA § 15-11-94(b)(4)(A)(i)-(iv). "If these four factors are satisfied, the court must then determine whether termination of parental rights is in the child's best interest, considering [the child's] physical, mental, emotional, and moral condition and needs, including the need for a secure and stable home." (Citation omitted.) In the Interest of A.C., 272 Ga.App. 165, 166, 611 S.E.2d 766 (2005).

(a) Applying the four factors set forth in OCGA § 15-11-94(b)(4)(A) to this case, we conclude that the evidence supported the juvenile court's finding of parental misconduct or inability.

(1) The children are deprived. As discussed above, the juvenile court found M.A.S. and N.K.S. to be deprived in at least four separate orders. "The mother did not appeal these orders and is thus bound by the deprivation determination." (Citation omitted.) In the Interest of A.B., 274 Ga.App. 230, 231, 617 S.E.2d 189 (2005).

(2) Lack of proper parental care or control is the cause of deprivation. Because the children are no longer in the mother's custody, the juvenile court was required to consider in determining whether the children were without proper parental care and control

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

Related

In the Interest of C. L. R.
501 S.E.2d 296 (Court of Appeals of Georgia, 1998)
In the Interest of D. S.
545 S.E.2d 1 (Court of Appeals of Georgia, 2001)
In the Interest of D. T.
555 S.E.2d 215 (Court of Appeals of Georgia, 2001)
In the Interest of J. V.
560 S.E.2d 725 (Court of Appeals of Georgia, 2002)
In the Interest of A. M.
578 S.E.2d 226 (Court of Appeals of Georgia, 2003)
In the Interest of D. J. F.
605 S.E.2d 407 (Court of Appeals of Georgia, 2004)
In the Interest of A. C.
611 S.E.2d 766 (Court of Appeals of Georgia, 2005)
In the Interest of A. K.
612 S.E.2d 581 (Court of Appeals of Georgia, 2005)
In the Interest of J. S. T. S.
614 S.E.2d 863 (Court of Appeals of Georgia, 2005)
In the Interest of M. L. S.
615 S.E.2d 615 (Court of Appeals of Georgia, 2005)
In the Interest of A. B.
617 S.E.2d 189 (Court of Appeals of Georgia, 2005)
In the Interest of B. J. F.
623 S.E.2d 547 (Court of Appeals of Georgia, 2005)
In the Interest of J. K.
629 S.E.2d 529 (Court of Appeals of Georgia, 2006)
In the Interest of A. R. A. S.
629 S.E.2d 822 (Court of Appeals of Georgia, 2006)
In the Interest of T. A. M.
634 S.E.2d 456 (Court of Appeals of Georgia, 2006)
In the Interest of M. A. S.
643 S.E.2d 370 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
643 S.E.2d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mas-gactapp-2007.