In Re RDB

639 S.E.2d 565
CourtCourt of Appeals of Georgia
DecidedNovember 29, 2006
DocketA06A1898
StatusPublished

This text of 639 S.E.2d 565 (In Re RDB) 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 RDB, 639 S.E.2d 565 (Ga. Ct. App. 2006).

Opinion

639 S.E.2d 565 (2006)

In the Interest of R.D.B., a child.

No. A06A1898.

Court of Appeals of Georgia.

November 29, 2006.

*566 Lisa Lott, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Rachele C. Gibson, for appellee.

MIKELL, Judge.

R.D.B.'s mother appeals the order terminating her parental rights to the child, contending that the evidence was insufficient to show that the cause of the child's deprivation is likely to continue, that continued deprivation is likely to cause serious harm to the child, or that the Department had made reasonable reunification efforts. We affirm for the reasons set forth below.

In considering a challenge to the sufficiency of the evidence supporting an order terminating parental rights, this Court is required to view the evidence in the light most favorable to the appellee, here the [Athens-Clarke] County Department of Family and Children Services (the "Department"), 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. We do not weigh the evidence or determine the credibility of the witnesses but defer to the trial court's factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.[1]

Properly viewed, the evidence shows that R.D.B. tested positive for cocaine at her birth on June 11, 2003. The juvenile court issued an order for shelter care the next day, and *567 the Department took her into custody. Shortly thereafter, the Department filed a deprivation petition, asserting that appellant had no housing, admitted using marijuana shortly before the child was born, had four other children, none of whom were in her custody, and had outstanding warrants for her arrest. The record shows that appellant's parental rights to two of her children, A.F. and T.V.F., were subsequently terminated by order issued on July 23, 2004, nunc pro tunc to November 13, 2003.

Following the deprivation hearing as to R.D.B., the court issued an order noting that appellant had stipulated to the child being deprived because she was incarcerated and could not meet the child's needs. The court further found that the child had tested positive for cocaine at birth and that appellant had an untreated substance abuse addiction which rendered her unable to care for the child. The court adopted a reunification plan which required appellant to become and remain drug and alcohol free, meet her mental health needs, maintain a positive relationship with the child, cooperate with child support enforcement, obtain and maintain stable housing, maintain a legal income, attend parenting classes, and cooperate with the Department. In addition, the court ordered appellant to submit to random drug screens and ruled that the results of the screens had to be clean for six months before the child could be returned to appellant.

The Department filed a petition on June 4, 2004, to terminate appellant's parental rights to the child. At the hearing held on August 26, 2004, appellant, who was called for cross-examination, testified that she was serving a three-year prison sentence for shoplifting and did not have a release date; that she had been out of jail for one week, in September 2003; that she did not contact the Department during that week to arrange a visit with the child; that she attended drug and alcohol treatment classes in jail and wrote letters to her case managers; and that she had served a previous three-year sentence beginning in 1997 and was also incarcerated from 2001 until August 2002.

Audrey Brannen, the child's case manager from June through October 2003, testified that she prepared the reunification plan and that appellant stipulated to it at the dispositional hearing on August 8, 2003. Brannen further testified that she arranged for appellant to visit the child on September 25 but appellant did not show up and did not contact Brannen. Appellant did write her two letters from jail requesting pictures of the child, and Brannen sent them.

The second case manager, Allison Ayers, testified that appellant wrote her several letters requesting pictures of the child. Ayers mailed appellant pictures and visited her twice in jail. Ayers also testified, however, that appellant had failed to meet the goals of her case plan. Specifically, appellant did not complete a substance abuse evaluation, did not participate in any mental health counseling in prison, had not maintained a relationship with the child, and had not made any progress toward her goals of cooperating with child support enforcement, obtaining housing, or earning a legal income. According to Ayers, appellant was arrested for probation violation from the hospital when the child was born cocaine-positive, and when appellant was released in September, she was rearrested for shoplifting and reincarcerated.

Dr. Harvey L. Gayer, a psychologist who tested the child's father,[2] testified in response to a hypothetical question concerning appellant that a mother who has not seen her child since giving birth to her 14 months ago is a stranger to the child and that it would difficult for them to establish a bond.

Alicia Dunn Favors, the child's foster mother, testified that the child had been in her care virtually since birth and that Favors and her husband wished to adopt her. Favors also testified that the child exhibited no signs of drug dependence and was developing normally.

The guardian ad litem recommended termination of appellant's parental rights, based on the facts that she has no relationship with the child, has never provided for the child, and has been incarcerated since the child's birth. The guardian also concluded that the child would suffer if removed from the only parents she has ever known and would languish *568 in foster care if the parents were permitted to continue on their present courses of action.

1. The termination of parental rights is a two-step procedure.[3] First, the juvenile court must find parental misconduct or inability, based on clear and convincing evidence that (i) the child is deprived, (ii) lack of parental care caused the deprivation, (iii) such causes are likely to continue, and (iv) the continued deprivation is likely to cause serious harm to the child.[4] If these four factors are satisfied, the court must then determine whether termination of parental rights is in the child's best interest, considering her physical, mental, emotional, and moral condition and needs, including the need for a secure and stable home.[5]

Appellant does not contest that the child is deprived or that lack of parental care has caused this deprivation. Nevertheless, we review the juvenile court's finding that appellant caused the deprivation, as it is essential to an understanding of the court's findings as to the remaining factors.

(a) Lack of proper parental care caused the deprivation. Here, the court found evidence of four of six statutory conditions which must be considered in determining whether lack of proper parental care caused the deprivation, namely: "[a] medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child";[6]

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In the Interest of R. D. B.
639 S.E.2d 565 (Court of Appeals of Georgia, 2006)

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Bluebook (online)
639 S.E.2d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rdb-gactapp-2006.