In Re Rg

547 S.E.2d 729, 249 Ga. App. 91
CourtCourt of Appeals of Georgia
DecidedApril 11, 2001
DocketA01A0040, A01A0041
StatusPublished

This text of 547 S.E.2d 729 (In Re Rg) 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 Rg, 547 S.E.2d 729, 249 Ga. App. 91 (Ga. Ct. App. 2001).

Opinion

547 S.E.2d 729 (2001)
249 Ga. App. 91

In the Interest of R.G., a child.
In the Interest of R.G. et al., children.

Nos. A01A0040, A01A0041.

Court of Appeals of Georgia.

April 11, 2001.

*730 Robert A. Kunz, Douglasville, for appellants.

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Laura W. Hyman, Asst. Attys. Gen., T. Michael Flinn, Carrollton, for appellee.

MILLER, Judge.

The Carroll County Juvenile Court terminated the parental rights of Laura J. (the biological mother) to T.J. and to R.G. and terminated the parental rights of R.G.'s father, Steve G.[1] Both Laura and Steve appeal, contending that the evidence was insufficient, that the court improperly admitted certain evidence, and that the court failed to consider placing the children with relatives. As the cases are closely related, we have consolidated the appeals. We hold that the *731 evidence was sufficient, that the contested evidence was either admissible or harmless, and that the appellants waived any review about placing the children with relatives. Thus, we affirm.

1. In a parental rights termination case, the question for the appellate court is whether, under the evidence as construed most favorably to the court's findings, a rational trier of fact could have found clear and convincing evidence showing (a) parental misconduct or inability and (b) that termination was in the children's best interests.[2] Parental misconduct or inability is shown if (i) the children are deprived, (ii) lack of parental care caused the deprivation, (iii) the cause of such deprivation is likely to continue, and (iv) the continued deprivation is likely to cause serious harm to the children.[3]

The evidence showed that one cold November day in 1997, a caseworker with the Carroll County Department of Family & Children Services (DFACS) found six-year-old T.J. and four-year-old R.G. under the care of an eighteen-year-old half-brother in a home without heat, electricity, or food. The half-brother stated that he did not know where Laura and Steve were, that they had been gone a few days on a trucking trip, that he did not know when they were coming back, and that he had no money or means to care for the children. DFACS took the children into custody and was not contacted by either parent until December 1, over one week later, at which time Laura was unable to give an address for further contact. DFACS set an appointment with the parents to develop a reunification plan. A few days later a deprivation hearing was held, but only Steve attended, explaining that Laura was off her medication and therefore unpredictable. At Steve's request, the court continued the hearing so that he could obtain counsel.

Neither parent appeared at the December 17 appointment to develop a reunification plan, so DFACS proceeded without them. The first goal concerned the mother's mental health, as she had a history of emotional instability arising out of a bipolar disorder or a recurring depressed mental state to the point of psychosis. She often did not take her medication. She was to undergo a psychological evaluation, stay on any recommended medications, and maintain emotional stability. Second, she was to complete parenting classes and have consistent bi-weekly visitations with her children. Third, she was to maintain stable and secure housing. Since Steve had not legitimated R.G., he was to legitimate her before a case plan could be developed for him.

On January 7, Laura and Steve met with DFACS and reviewed the goals of the plan. The parents missed a scheduled visitation because they arrived two hours late. They became extremely hostile and abusive and refused to leave until law enforcement personnel removed them. Laura immediately returned, again requiring the presence of law enforcement to protect DFACS personnel. She then made abusive phone calls to DFACS personnel, threatening them and their children.

The next day the parents appeared at the deprivation hearing, which was again postponed at their request. The court later reviewed and incorporated the case plan and ordered the parents to comply therewith. At the postponed deprivation hearing in April 1998, the parents failed to appear, but their counsel did attend, at which time the court found clear and convincing evidence that the children were deprived as a result of parental inability and that the parents were uncooperative and had not met the goals of the case plan. The court reemphasized the need for the parents to comply with the case plan, which it appended to its order. The parents did not appeal this order.

DFACS again reviewed the case plan with Laura, and when the parents failed to comply, a panel review was held in May 1998, which the parents did not attend, but Laura's counsel did. The panel found the parents had failed to comply with the case plan goals and recommended termination. The court in June 1998 once again ordered the parents to comply with the plan and attached a copy of the plan and panel review to its order. Notably, at this point Steve was still not formally *732 part of the plan, as he had not yet made any effort to legitimate R.G.

To determine whether to renew custody to DFACS, the court held a second deprivation hearing in October 1998, which both parents and their counsel attended. The court again found clear and convincing evidence of deprivation caused by parental inability, which order the parents did not appeal. In fact, the parents consented to the renewal of DFACS' custody. In October the court also entered an order announcing that DFACS intended to seek termination of parental rights.

At this point, the parents suddenly became cooperative in complying with most of the case plan. For the first time they began visiting the children on a consistent basis, and Steve filed to legitimate R.G. They began and completed parenting classes. But they did not obtain stable and secure housing. DFACS petitioned to terminate their rights in January 1999, which petition the court granted after a hearing in July 1999.

(a) Deprivation and Cause. Neither parent appealed the two deprivation orders entered in April and October 1998, which found that the children were deprived as a result of the parents' inability to care for them. Thus, the determinations are binding on the parents and satisfy the first and second factors.[4]

Moreover, the evidence showed that for a year or longer prior to the filing of the termination petition, Laura and Steve had failed to develop a parental bond with the children in a meaningful, supportive manner and further failed to comply with a court-ordered plan of reunification, both of which circumstances manifest that the children were without proper parental care and control.[5] Regarding parental bond, the parents failed to contact DFACS until a week after the children were taken into custody. Over the next eleven months they made thirteen appointments to see T.J. but did not show six times and were one to three hours late on the other seven, resulting in five cancelled visits and in only two brief visits with T.J. They did not have a single on-time full visit with T.J. until November 1998, one year after DFACS had taken custody and shortly after termination proceedings had been announced.

Similarly, they did not contact DFACS about visiting R.G. until March 1998, four months after DFACS took custody in November 1997.

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482 S.E.2d 522 (Court of Appeals of Georgia, 1997)
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472 S.E.2d 123 (Court of Appeals of Georgia, 1996)
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In the Interest of J. M. C.
410 S.E.2d 368 (Court of Appeals of Georgia, 1991)
In the Interest of L. S. D.
534 S.E.2d 109 (Court of Appeals of Georgia, 2000)
In the Interest of M. C.
534 S.E.2d 442 (Court of Appeals of Georgia, 2000)
In the Interest of R. G.
547 S.E.2d 729 (Court of Appeals of Georgia, 2001)

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Bluebook (online)
547 S.E.2d 729, 249 Ga. App. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rg-gactapp-2001.