In Re Rdb

656 S.E.2d 203
CourtCourt of Appeals of Georgia
DecidedDecember 20, 2007
DocketA07A2184
StatusPublished

This text of 656 S.E.2d 203 (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, 656 S.E.2d 203 (Ga. Ct. App. 2007).

Opinion

656 S.E.2d 203 (2007)

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

No. A07A2184.

Court of Appeals of Georgia.

December 20, 2007.

*204 Sexton & Key, Dale T. Preiser, for appellant.

Crumbley & Harper, Jason T. Harper, Ann K. Miller, Leslie M. Gresham, for appellee.

SMITH, Presiding Judge.

The juvenile court terminated the natural mother's parental rights to her two-year-old son, R.D.B. The mother appeals, challenging the sufficiency of the evidence supporting termination, as well as the child's post-termination placement.[1] For reasons that follow, we affirm.

1. When reviewing an order terminating parental rights, we construe the evidence in the light most favorable to the juvenile court's ruling. In the Interest of P.A.T.L., 264 Ga.App. 901, 592 S.E.2d 536 (2003). We do not weigh the evidence or resolve issues of witness credibility, but merely determine "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." (Citation omitted.) Id.

So viewed, the evidence showed that R.D.B. was born on November 13, 2004. Following the birth, both the mother and the baby tested positive for methamphetamine, and R.D.B. was removed from the mother's custody on November 16, 2004. Although the child stayed briefly with his father, the Department of Family and Children Services ("DFACS") removed him in December 2004, and the juvenile court adjudicated him deprived based on the mother's substance abuse. R.D.B. was placed with foster parents, with whom he was still living when the juvenile court held a termination hearing approximately two years later.

DFACS developed a case plan for the mother, requiring her to obtain a substance abuse assessment and follow all treatment recommendations; complete a substance abuse treatment program; submit to random drug screens; remain drug free for six consecutive months; complete parenting classes; obtain a psychological evaluation and comply with treatment recommendations; maintain a *205 source of income and suitable housing; and pay child support. The case plan also obligated the mother to attend all scheduled visits with her child and keep DFACS informed of any change in her address and telephone number. The juvenile court approved the case plan in January 2005.

In subsequent citizen panel reviews held in March and June 2005, the panel noted that the mother's whereabouts were unknown, she had not made progress on her case plan, and she failed to attend many of her scheduled visits with R.D.B. Then, on August 19, 2005, the mother was incarcerated for possession with intent to distribute methamphetamine, her second drug-related conviction. Although she received a ten-year sentence and was still incarcerated at the time of the termination hearing, she asserted that she might be eligible for release at "the end of 2007."

DFACS petitioned to terminate the mother's parental rights in May 2006. But prior to the termination hearing, the mother requested that R.D.B. be placed in the permanent custody of his maternal grandmother. At that point, DFACS attempted to withdraw the petition, recommending that custody be transferred to the grandmother. R.D.B.'s foster parents intervened, objected to the withdrawal, and were permitted by the juvenile court to pursue the termination petition.

The juvenile court held a termination hearing in December 2006. With respect to case plan goals, the evidence showed that although the mother claimed that she had received a substance abuse assessment in jail, she provided DFACS with no written documentation regarding the assessment or the treatment recommendations generated by it. She had also skipped approximately 50 percent of the drug screens required by DFACS, and the agency had no record that she took and passed six consecutive months of drug tests. Similarly, as of the hearing date, the mother had offered no proof to DFACS that she had completed a parenting class or obtained the required psychological evaluation. The mother also had visited R.D.B. only sporadically before March 2005, did not visit thereafter, and had paid no child support for him.

Although the mother admittedly used drugs after R.D.B. was removed from her care, she asserted at the hearing that she was "ready to quit doing drugs" and had been drug-free since her incarceration. But she conceded that, despite abstaining from drugs while in prison following her first drug conviction, she had begun using again upon her release.

The mother became eligible for prison classes and programs in June 2006, and she reportedly took part in a substance abuse program, parenting class, and Narcotics Anonymous. The mother's prison counselor testified, however, that the mother had not yet completed the parenting class. And although the mother requested a psychological evaluation in prison, she had not been evaluated at the time of the hearing.

The mother lacked a bond with R.D.B., who was removed from her custody when he was three days old, and she wrote to his foster parents only once during her incarceration. Nevertheless, she testified that she wanted a chance to be with her child;

At the time of the hearing, R.D.B. had lived with the same foster family since he was ten days old. He calls his foster parents "mommy" and "daddy" and expresses love for them. The foster parents also love and wish to adopt R.D.B. The foster mother testified that R.D.B. suffers from fetal alcohol syndrome and has special needs, requiring extensive therapy, but is progressing with the help of his therapists and foster parents.

Before terminating parental rights, a juvenile court must (1) find present clear and convincing evidence of parental misconduct or inability and (2) conclude that termination is in the best interest of the child, considering the child's physical, mental, emotional, and moral condition and needs. OCGA § 15-11-94(a); In the Interest of P.A.T.L., supra, 264 Ga.App. at 902(1), 592 S.E.2d 536. To find parental misconduct or inability, the juvenile court must conclude that:

(1) the child is deprived; (2) the deprivation is caused by lack of proper parental care or control; (3) the cause of the deprivation is likely to continue; and (4) contin *206 ued deprivation will likely cause serious physical, mental, emotional, or moral harm to the child.

(Citations omitted.) Id. at 902-903(1), 592 S.E.2d 536.

On, appeal, the mother focuses on only two of these required findings, asserting that the juvenile court erred in concluding that the cause of R.D.B.'s deprivation is likely to continue and will result in serious physical, mental, emotional, or moral harm to the child. We disagree.

Despite the mother's recent efforts to meet some of her case plan goals, she completely failed to satisfy other case plan requirements. We recognize that she has had difficulty attaining certain goals while in prison. But she made no progress on the case plan during the eight months between R.D.B.'s removal and her incarceration.

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In the Interest of R. D. B.
656 S.E.2d 203 (Court of Appeals of Georgia, 2007)

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Bluebook (online)
656 S.E.2d 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rdb-gactapp-2007.