In Re MC

653 S.E.2d 120
CourtCourt of Appeals of Georgia
DecidedOctober 10, 2007
DocketA07A0856
StatusPublished

This text of 653 S.E.2d 120 (In Re MC) 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 MC, 653 S.E.2d 120 (Ga. Ct. App. 2007).

Opinion

653 S.E.2d 120 (2007)

In the Interest of M.C., a child.

No. A07A0856.

Court of Appeals of Georgia.

October 10, 2007.

*121 Robert M. Bearden Jr., for Appellant.

Thurbert E. Baker, Atty. Gen., Shalen S. Nelson, Senior Asst. Atty. Gen., Elizabeth M. Williamson, Asst. Atty. Gen., W. Ashley Hawkins, Forsyth, for Appellee.

ADAMS, Judge.

The father of M.C. appeals following the termination of his parental rights.

1. The father first challenges the sufficiency of the evidence to support the termination order. 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 parents' rights to custody have been lost. In the Interest of S.H., 251 Ga.App. 555(1), 553 S.E.2d 849 (2001). "This court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's fact-finding and affirm unless the appellate standard is not met." (Citation omitted.) In the Interest of C.R.G., 272 Ga.App. 161, 161-162, 611 S.E.2d 784 (2005).

So viewed, the evidence shows the following: The Peach County Department of Family and Children Services first became involved with the family in January 2003 following a report that the mother was using drugs and neglecting the education of her older children. The mother was pregnant with M.C. at that time, but had not received any prenatal care and had missed scheduled drug screens.

*122 Both M.C. and the mother tested positive for drugs (marijuana) when M.C. was born on June 10, 2003, and a shelter care order was subsequently issued for M.C. and the mother's older children. The juvenile court subsequently entered an order finding the children to be deprived. At that time the court noted that M.C.'s father's whereabouts were unknown. This order was not appealed.

The Department subsequently submitted reunification case plans for the mother and conducted several review hearings in the ensuing months. It does not appear that the father attended these hearings but an order was entered in February 2004 finding that a home evaluation of the paternal grandmother's home, where the father was then living, had been disapproved after he became aggressive and refused to submit to a drug screen or to allow the grandmother to submit to a drug screen.

The father attended the October 7, 2004 review hearing during which the juvenile court adopted an updated case plan. This plan included goals for both the mother and the father, such as to complete drug treatment and remain drug free, maintain stable housing and employment, and maintain contact with the child. The juvenile court continued to hold hearings on the progress of the parents toward meeting their goals over the next several years.

It appears that the parents made some progress toward completing their case plan during this period. At the March 17, 2005 review hearing, which the father did not attend, it was noted that the father had completed a major portion of his case plan, but that M.C. could not be returned to her parents at that time because they had not completed a minimum of six months of clean drug screens.

Another hearing was held on June 16, 2005. The father was present for this hearing. At that time the juvenile court noted that the father had not completed any drug screens since March 2005 and had submitted possibly altered drug screens on other occasions. Following this hearing the juvenile court ordered the father to submit to a hair follicle test to detect the presence of drugs.[1]

The father had not submitted to the hair follicle test by the time the hearing resumed on July 7, 2005. Based on that failure, as well as the father's failure to complete a reunification plan and to pay child support the juvenile court entered an order for non-reunification for the father on July 18, 2005.[2]

The Department subsequently filed a petition to terminate the father's and the mother's parental rights. The father, in turn, filed a petition to legitimate M.C. The juvenile court conducted hearings on the termination petition on March 2, 2006 and May 18, 2006.

At the hearing the caseworker testified that the father had not visited M.C. since July 2005. The caseworker further testified that the father failed to submit to drug screens or submitted possibly altered samples, failed to undergo the hair follicle test as ordered by the juvenile court, failed to maintain housing or employment, and failed to pay child support or maintain a bond with M.C. The caseworker testified, however, that the father completed his parenting classes and that he attended counseling sessions until the money allowed by the Department to pay for them ran out. The caseworker also testified that although the father had been employed at his present job for six or seven months, he had failed to maintain employment over the past three years. And at the time of the hearing, the father was living in a motel.

The caseworker also testified that M.C. had bonded with her foster family, with whom she and her siblings had lived for the past 33 months, and that the family wanted to adopt M.C. and her siblings. The caseworker, after noting that the father had not legitimated M.C., recommended that both the father's and the mother's parental rights be terminated due to their failure to work to completion a case plan, go to drug treatment, properly submit drug screens, maintain stable *123 housing and employment, maintain a bond with M.C. and pay child support.

The father did not testify but submitted evidence from his physician that he was on prescription medication for restless leg syndrome and a back sprain, and that these drugs might be detected during a drug screen. However, the doctor further testified they would not cause the tests to show false positives for other drugs.

Following this hearing, the juvenile court entered an order terminating the parental rights of both the mother and the father. The father timely filed his notice of appeal on June 12, 2006.

Georgia law provides for a two-step process that must be followed in determining whether to terminate parental rights. OCGA § 15-11-94(a) requires that the trial court "first determine whether there is present clear and convincing evidence of parental misconduct or inability." Parental misconduct or inability is determined under the four criteria set forth in OCGA § 15-11-94(b)(4)(A)(i)-(iv). Those four factors are: (1) the child is deprived; (2) the lack of proper parental care or control by the parent whose rights are being terminated is the cause of the deprivation; (3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors are shown to exist by clear and convincing evidence, then the court must also determine whether termination of parental rights is in the best interest of the child, "after considering the physical, mental, emotional, and moral condition and needs of the child . .

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

Related

In the Interest of D. L. D.
546 S.E.2d 11 (Court of Appeals of Georgia, 2001)
In the Interest of A. T. H.
547 S.E.2d 299 (Court of Appeals of Georgia, 2001)
In the Interest of F. C.
549 S.E.2d 125 (Court of Appeals of Georgia, 2001)
In the Interest of R. G.
547 S.E.2d 729 (Court of Appeals of Georgia, 2001)
In the Interest of S. H.
553 S.E.2d 849 (Court of Appeals of Georgia, 2001)
In the Interest of O. J.
570 S.E.2d 79 (Court of Appeals of Georgia, 2002)
In the Interest of R. S.
608 S.E.2d 286 (Court of Appeals of Georgia, 2004)
In the Interest of C. R. G.
611 S.E.2d 784 (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 L. G.
615 S.E.2d 551 (Court of Appeals of Georgia, 2005)
In the Interest of A. M.
621 S.E.2d 567 (Court of Appeals of Georgia, 2005)
In the Interest of C. M.
621 S.E.2d 815 (Court of Appeals of Georgia, 2005)
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 D. D. B.
638 S.E.2d 843 (Court of Appeals of Georgia, 2006)
In re A. B.
640 S.E.2d 702 (Court of Appeals of Georgia, 2006)
In the Interest of M. C.
653 S.E.2d 120 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
653 S.E.2d 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mc-gactapp-2007.