In Re Rnh

650 S.E.2d 397
CourtCourt of Appeals of Georgia
DecidedJuly 23, 2007
DocketA07A1054, A07A1055
StatusPublished

This text of 650 S.E.2d 397 (In Re Rnh) 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 Rnh, 650 S.E.2d 397 (Ga. Ct. App. 2007).

Opinion

650 S.E.2d 397 (2007)

In the Interest of R.N.H. et al., children (two cases).

Nos. A07A1054, A07A1055.

Court of Appeals of Georgia.

July 23, 2007.

*398 Joshua J. Smith, for appellant.

William B. Barnwell, Avrett, Ponder & Withrock, Dalton, for Appellant.

Thurbert E. Baker, Atty. Gen., Shalen S. Nelson, Sr. Asst. Gen., Bruce A. Kling, Dalton, for Appellee.

BERNES, Judge.

In these companion cases, the mother and father of the minor children R.N.H., T.K.L.H., J.A.H., and C.J.W.H. appeal the juvenile court's order terminating their parental rights. Concluding that there was sufficient evidence to support the juvenile court's decision, we affirm.

On appeal[,] we must determine whether, after reviewing the evidence in a light most favorable to the lower court's judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost. This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's factfinding and affirm unless the appellate standard is not met.

(Citation and punctuation omitted.) In the Interest of T.C., 282 Ga.App. 659, 660, 639 S.E.2d 601 (2006).

So viewed, the record reflects that on July 20, 2005, the children were placed in the immediate custody of the Whitfield County Department of Family and Children Services ("DFCS") after the juvenile court found that the appellants were abusing methamphetamine and prescription medications; the infant child C.J.W.H. was "covered from head to toe with untreated psoriasis"; T.K.L.H. suffered from an untreated ankle fracture; and the appellants were residing in deplorable conditions at a motel. DFCS subsequently filed a deprivation petition, and the juvenile court conducted an evidentiary hearing in which the appellants were present with counsel. The juvenile court found that the appellants both suffered from untreated drug abuse problems and had failed to take requested drug tests. Consequently, the juvenile court ruled that the children were deprived and granted temporary custody to DFCS. The appellants consented to the juvenile court's findings and did not file an appeal from the deprivation order.

DFCS developed a reunification case plan for the appellants that was discussed with and reviewed by both of them. Among other things, the plan required the appellants to submit to random drug screens; obtain a substance abuse assessment and follow the treatment recommendations; remain drug and alcohol free for at least six consecutive months; successfully complete parenting classes; obtain and maintain stable housing and income for a minimum of six months; pay child support; and complete a psychological evaluation. On September 19, 2005, the juvenile court entered a supplemental order incorporating the terms of the case plan and additionally requiring the appellants each to pay $50 per week in child support.

Based on the appellants' failure to follow the reunification plan, DFCS moved to terminate their parental rights on May 18, 2006. At the adjudication hearing held on August 31, 2006,[1] the appellant mother admitted that *399 she had failed to visit the children or communicate with them in any way since the time they entered DFCS custody in July 2005. She further conceded that she had not obtained a substance abuse assessment, had not gone for requested drug screens, had failed to obtain a psychological evaluation although she had suffered from depression, and had paid only a total of $80 in child support even though she "could have paid more." In addition, the appellant mother testified that she had moved five times since the children came into DFCS custody and currently lived with the appellant father in a one-bedroom "bachelor apartment." Finally, she admitted that she was not currently employed.

The appellant father also testified at the adjudication hearing. He admitted that since the time the children had come into DFCS custody, he had been incarcerated on two occasions, the first time for domestic violence and the second time for violating his parole. He remained on probation at the time of the hearing. The appellant father further conceded that he had only visited the children three times since they came into custody, was currently residing with the appellant mother in housing that they were unable to afford, had not obtained a substance abuse assessment or psychological evaluation, had failed to complete parenting classes, had not submitted to any requested drug screens, and had paid a total of only $30 in child support. At the time of the hearing, he had been employed for two days, and before that had maintained only sporadic, low-wage employment due to his repeated incarcerations.

The case manager for the children likewise testified that both of the appellants had failed to complete any of their case plan goals, despite her repeated efforts to contact and assist them. According to the case manager, all four children have been harmed by the appellants' lack of contact with them, and all four are currently living with the same foster parents who want to adopt them, which would be in their best interests. Agreeing with the case manager, the guardian ad litem for the children recommended that the termination petition be granted so that the children could be adopted.

After hearing this testimony and taking judicial notice of its prior orders, the juvenile court granted the termination petition and authorized DFCS to pursue adoption for the children. These companion appeals followed in which the appellants contend that there was insufficient evidence to support the grant of the termination petition. Their contention is without merit.

Before terminating a parent's rights, a juvenile court must employ a two-prong test. In the first prong, the court must decide whether there is present clear and convincing evidence of parental misconduct or inability. OCGA § 15-11-94(a). Parental misconduct or inability, in turn, is proven by evidence showing: (1) that the child is deprived; (2) that lack of proper parental care or control is the cause of deprivation; (3) that the cause of deprivation is likely to continue or will not likely be remedied; and (4) that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94(b)(4)(A). In the second prong of the termination test, the juvenile court must consider whether termination of parental rights would be in the best interest of the child.

(Citation omitted.) In the Interest of K.W., 283 Ga.App. 398, 399(1), 641 S.E.2d 598 (2007). We will address the various factors separately.

1. Evidence of Parental Misconduct or Inability.

(a) The Children Must Be Deprived. The juvenile court found that the children were deprived in its order granting the deprivation petition and in a subsequent extension order. Those orders were not appealed. And, as explained infra, DFCS has shown that the conditions upon which the earlier finding of deprivation was based still existed at the time of the termination proceedings.

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In the Interest of R. N. H.
650 S.E.2d 397 (Court of Appeals of Georgia, 2007)

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Bluebook (online)
650 S.E.2d 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rnh-gactapp-2007.