In Re Mls

615 S.E.2d 615, 273 Ga. App. 554, 5 Fulton County D. Rep. 1793
CourtCourt of Appeals of Georgia
DecidedJune 7, 2005
DocketA05A0423
StatusPublished

This text of 615 S.E.2d 615 (In Re Mls) 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 Mls, 615 S.E.2d 615, 273 Ga. App. 554, 5 Fulton County D. Rep. 1793 (Ga. Ct. App. 2005).

Opinion

615 S.E.2d 615 (2005)
273 Ga. App. 554

In the Interest of M.L.S., a child.

No. A05A0423.

Court of Appeals of Georgia.

June 7, 2005.

*617 Mark J. Nathan, Savannah, for Appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Leo G. Beckmann, Jr., Savannah, for Appellee.

ADAMS, Judge.

The father of M.L.S. appeals the termination of his parental rights. He contends the evidence was insufficient to support the decision and that the court erred by failing to consider placing the child with the paternal grandmother.

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 parent's rights to custody have been lost. In the Interest of S.H., 251 Ga.App. 555(1), 553 S.E.2d 849 (2001). "We do not weigh the evidence and must defer to the trial judge as the factfinder." (Citation and punctuation omitted.) In the Interest of C.F., 251 Ga.App. 708, 555 S.E.2d 81 (2001).

Following a hearing held on December 22, 2000, the juvenile court determined that ten-year-old M.L.S., was deprived because of neglect. The father did not appeal this order. As stated in the trial court's order,

He has attended school dirty, unkempt, and smelly to a degree that is not ordinary among active children. His self-care skills are poor for a child his age. In addition, he has told others that his father comes home drunk and acts abusively towards his mother. Although his I.Q. is 107, he is developmentally delayed. He cannot tie his shoes, and he has trouble controlling his bladder. Whether these difficulties are physiological or the result of neglect is not clear. But he should be evaluated to determine what steps should be taken next.

The court also found that the father had been convicted several times for DUI and at least once for theft, and that neither the father nor the mother had a driver's license at the time.

A subsequent review by the court found that the father "continued to abuse alcohol and was tragically involved in an automobile collision that resulted in the death of an eight-year-old child." He was arrested and charged with vehicular homicide, auto theft, DUI and driving without a license. On December 18, 2001, the father pleaded guilty to theft by taking, DUI, first degree vehicular homicide, making a false statement and a traffic offense. He was sentenced to a total of fifteen years with probation possible after five years.

Meanwhile, M.L.S. had been diagnosed with anxiety and needed "a consistent, structured, stable environment capable of providing support and positive reinforcement." The court determined that his mother was unable to meet those needs except for short visits. Accordingly, the court determined that the permanency plan for the child was nonreunification with the parents and placement with a willing relative. It was also determined that the paternal grandmother, who sought custody, should seek and receive training to be able to handle placement of the child. The father did not appeal this order.

A subsequent review dated November 7, 2002, found that the child "has extraordinary needs that require specialized training to adequately meet his needs. He has been diagnosed as suffering from ADHD, and it has been a struggle to find the right medicine and the right dosage. His placements have [been] disrupted several times because of his disability." The case plan remained nonreunification with the permanency plan being placement with a fit and willing relative. Also, the paternal grandparents were given a four-point action plan, which described the specific steps that they had to take in order for the child to be placed with them.

The plan required the grandparents to apply and qualify to become therapeutic foster *618 parents, to provide a physician's statement that each grandparent was capable of caring for the child, to obtain approval for their home by passing a department safety inspection and to attend therapy with the child. As of April 21, 2003, the court found that the grandmother had not taken all of the required actions. Accordingly, the court changed the permanency plan to "a planned, permanent living arrangement (long-term foster care) other than adoption, reunification, placement with a relative or legal guardianship." The court ordered that the child remain in the therapeutic foster home where the child had been thriving.

As of October 21, 2003, the father remained in prison. Following a permanency hearing on that day, the court found that the child "had progressed remarkably well" in the therapeutic foster home.

Finally, following a termination hearing held on August 9, 2004, the juvenile court terminated the parental rights of the mother and father. The court also found that the grandmother "did not follow the clear instructions of the order of November 7, 2002" and that, therefore, she was not in a position to provide care for the child's special needs. The court determined that it was in the child's best interests to remain in the therapeutic foster home.

1. The father contends that the evidence was not sufficient to support termination of his parental rights. In determining whether to terminate parental rights, courts apply a two-step analysis:

First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper parental care or control 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 exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child's physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home.

(Footnote omitted.) In the Interest of V.M.T., 243 Ga.App. 732, 735-736(3), 534 S.E.2d 452 (2000). See also OCGA § 15-11-94(b)(4)(A).

(a) Parental Misconduct or Inability. We find that there was clear and convincing evidence to support a finding by the juvenile court of parental misconduct or inability based upon the statutory factors. Only the evidence related to the father will be presented. The mother has not appealed.

(1) Deprivation. Because the father did not appeal the juvenile court's order finding that the child was deprived, he is bound by that determination. In the Interest of B.L.S., 239 Ga.App. 771, 774, 521 S.E.2d 906 (1999).

Furthermore, Dr.

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In the Interest of M. L. S.
615 S.E.2d 615 (Court of Appeals of Georgia, 2005)

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Bluebook (online)
615 S.E.2d 615, 273 Ga. App. 554, 5 Fulton County D. Rep. 1793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mls-gactapp-2005.