In Re Rh

706 S.E.2d 686
CourtCourt of Appeals of Georgia
DecidedFebruary 9, 2011
DocketA10A2215, A10A2216
StatusPublished

This text of 706 S.E.2d 686 (In Re Rh) 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 Rh, 706 S.E.2d 686 (Ga. Ct. App. 2011).

Opinion

706 S.E.2d 686 (2011)

In the Interest of R.C.H., a child.
In the Interest of R.E.H., a child.

Nos. A10A2215, A10A2216.

Court of Appeals of Georgia.

February 9, 2011.

*688 Jana L. Evans, Dallas, for appellant.

Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Joseph T. Justice, for appellee.

DOYLE, Judge.

The father of eleven-year-old R.E.H., a girl, and nine-year-old R.C.H., a boy, appeals from a juvenile court order finding the children to be deprived, arguing that the finding of deprivation was contrary to the evidence and that the juvenile court erred by: admitting and considering certain photographs obtained during a search of the father's home; finding that the Department of Family and Children Services ("the Department") used reasonable efforts to avoid removal of the children; and refusing to allow the father's counsel to obtain a copy of the forensic interviews of the children.[1] We affirm, for reasons that follow.

On appeal from a determination that a child is deprived, we review the evidence in the light most favorable to the juvenile court's judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the child was deprived. In so doing, this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the juvenile court's fact-finding and affirm unless the appellate standard is not met.[2]

In December 2009, the Department received a referral alleging that in approximately December 2008, the father locked R.C.H. in a closet for two to three days without food or water, and he forced R.E.H. to touch "his private area." When a Department investigator went to the father's house and told him about the allegations regarding R.C.H., the father immediately turned to the children and asked them, in the presence of the investigator, whether he ever denied them food or water or locked them in a closet, and the children responded, "No." After the investigator told the father that she usually spoke to children and parents separately, the father repeatedly asked her whether she had what she needed, and the investigator left.[3]

The investigator interviewed the children at their school in January 2010, at which time they denied that the father locked R.C.H. in the closet or deprived them of food or water. On February 1, 2010, the investigator, a Department case manager trainee, and a detective went to the father's home again, but before the investigator could finish her introductions, the father "handed [her] a [business card for his lawyer], . . . asked if [they] were done, and told [her] to get off his property." That same day, the juvenile court entered an order permitting the Department to take the children into custody and place them in foster care.

On February 4, 2010, the Department filed a deprivation petition alleging that R.E.H. and R.C.H. were deprived because (1) an allegation had been made that the father locked R.C.H. in a closet without food or water (which the children denied); (2) R.E.H. reported that the father sexually abused her; (3) both children made disclosures of physical abuse by the father; (4) the children were "extremely dirty and ill-groomed" when they were taken into custody *689 by the Department; (5) the father demonstrated an inability to provide for the children in a safe and stable manner; and (6) the children were without proper parental supervision as required by law.

On February 3, 2010, the children submitted to forensic interviews.[4] According to the interviewer, who testified at the disposition hearing, R.E.H. cried and was upset throughout the interview, while R.C.H. "was not really emotional. It was almost as if he really didn't have any feelings about anything either way." During her interview, R.E.H. reported that her father made her touch him, drawing near the penis on an anatomical drawing, but pointing to an area directly above that, which the interviewer referred to as "the base of the penis" on the drawing.

The children were also interviewed by a psychologist in February 2010, who testified that R.C.H. told her that his father "beats the crap out of me[,] . . . shoved me against the wall[,] and it put a hole in the wall, . . . [and] used his fist to hit me in the face[,] and it gave me a black eye and a bloody nose and a busted lip." R.C.H. also told the psychologist that the father locked him in a closet for "a couple of days," denying him access to the bathroom or food for the first day and instructing R.E.H. to tell the school that her brother was sick. R.C.H. also reported that the father forced him to stand in a corner and threw DVD boxes at him, and that the father repeatedly called him stupid and "beat the crap out of him every day." R.E.H. reported that her father "would spank her so hard that she screamed," leaving bruises on her. R.E.H. also indicated in writing to the psychologist that "[her father] sexual[l]y abused [her] several times. He did it in bed once and made [her] touch him on his private part." The psychologist testified that the children "are terrified of their father" and "fear further harm at his hands."

The children's initial foster mother testified that when the children first arrived at her home, they were "nasty [and] filthy." R.C.H.'s toenails "were so long they wrapped around[,] . . . and unbelievable gunk was . . . in them," and his ears contained crusty, "black gunk." R.E.H.'s hair was like "a little rat's nest" and "came out in clumps" when she brushed it. R.C.H.'s clothes had a foul odor and were too small, and his school planner contained mold. According to the foster mother, the children were in "the worst shape, cleanliness-wise," of any of the 78 to 80 foster children she had cared for.

R.E.H. testified at a hearing that she had touched her father's "pee-pee" and that her father hit R.C.H. in the head, which hit the wall in the bathroom and left a hole. The father also testified at the hearing, explaining that the children's mother left when R.E.H. was two years old, and she had not seen the children in several years. The children had lived with the father since birth, except for a year beginning in July 2003 when the father was incarcerated, during which time the children lived with his aunt and father. The father and the children moved to Georgia from Arizona in the summer of 2006. The children do not have a regular doctor, and the father did not know their teachers' names.[5] The father "absolutely" denied sexually abusing R.E.H., and he testified that R.C.H. made "lots of stories up."

On March 22, 2010, following the final hearing, the juvenile court entered an order finding that the children were deprived and without proper parental care and control, and that the causes of deprivation were as follows:

he has failed to maintain a clean home, has neglected the hygiene of the children, has abdicated [R.C.H.'s] educational needs to others, has abdicated the cooking and cleaning to [R.E.H.], has allowed or required [R.E.H.] to become "parentified" and thus she has become [R.C.H.'s] caretaker and housekeeper, has allowed or required [R.E.H.] to cook and maintain the wood stove, has been physically abusive of [R.C.H.] and has been sexually abusive with [R.E.H.].

The court ordered that the children be placed in the temporary custody of the Department *690

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In the Interest of R. C. H.
706 S.E.2d 686 (Court of Appeals of Georgia, 2011)

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Bluebook (online)
706 S.E.2d 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rh-gactapp-2011.