In Re Scmh

517 S.E.2d 598, 238 Ga. App. 159
CourtCourt of Appeals of Georgia
DecidedMay 19, 1999
DocketA99A0241
StatusPublished

This text of 517 S.E.2d 598 (In Re Scmh) 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 Scmh, 517 S.E.2d 598, 238 Ga. App. 159 (Ga. Ct. App. 1999).

Opinion

517 S.E.2d 598 (1999)
238 Ga. App. 159

In the Interest of S.C.M.H., a child.

No. A99A0241.

Court of Appeals of Georgia.

May 19, 1999.

*600 John C. Leggett, Conyers, for appellant.

Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen A. Sgrosso, Assistant Attorney General, Mumford, Myers & Mooney, Albert A. Myers III, Conyers, for appellee.

*599 SMITH, Judge.

The mother of S.C.M.H. appeals from an order entered by the juvenile court terminating her parental rights. We find no error, and we affirm.

Under OCGA § 15-11-81(a), the decision whether to terminate a parent's rights involves a two-prong test. First, the juvenile court must determine whether "clear and convincing evidence of parental misconduct or inability" exists. Id. In the Interest of R.N., 224 Ga.App. 202, 480 S.E.2d 243 (1997). A finding of parental misconduct or inability must be based on clear and convincing evidence showing the following: (1) The child is deprived; (2) this deprivation is caused by the parent's "lack of proper parental care or control"; (3) the cause of the deprivation is likely to continue; and (4) the "continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child." OCGA § 15-11-81(b)(4)(A)(i)-(iv). Under OCGA § 15-11-81(a), if this first prong is met, the juvenile court must then consider whether termination is in the child's best interest. R.N., supra. In reviewing the evidence on appeal, we do not weigh the evidence or determine witness credibility. Instead, "we defer to the Juvenile Court's factfinding and affirm unless the evidence fails to satisfy the appellate standard." (Citation and punctuation omitted.) In the Interest of K.W., 233 Ga.App. 140, 141(2), 503 S.E.2d 394 (1998).

1. The mother first claims that the trial court erred in finding that S.C.M.H. was deprived. But the record contains three previous unappealed orders finding that S.C.M.H. was deprived, that this deprivation was likely to continue, and that it would not be in her best interest to return to her mother. S.C.M.H. was first found to be deprived in June 1993 by the Newton County Juvenile Court. The case was later transferred to Rockdale County, and a second order entered in November 1994 included the following findings: The mother's home had no water, electricity, or food, and several windows were broken out; the mother had been intoxicated in the company of her children, thereby neglecting them; despite arrangements made by the Rockdale County Department of Family & Children Services for S.C.M.H. to stay with her grandmother until the mother could find stable housing, the mother took S.C.M.H.; and the minor sister of S.C.M.H. had become pregnant by a 20-year-old male while in the mother's custody. The order further recited that S.C.M.H. was "inadequately sheltered, protected and supervised." Under this order, the mother was required, among other things, to take weekly drug screens, pay $25 per week child support, establish a stable home, provide proof of employment, and maintain employment at all times.

The third order, entered in June 1998 (one month before the termination hearing), made several findings, including the following: S.C.M.H. and her sister had been in custody of DFACS since August 1994, when her sister became pregnant at age 12, and circumstances warranting the earlier finding of deprivation continued; the mother had not completed therapy for her alcohol and drug problem; she was unable to provide an adequate home or provide for the children's physical and moral health; and the children *601 were "without parental care and control and [were] likely to remain so for the foreseeable future." The court also found that the mother had failed to complete her case plan goals of remaining drug and alcohol free, receiving treatment for her drug and alcohol abuse, and obtaining steady employment and housing. Based on these findings, the juvenile court concluded that it would not be in the best interests of S.C.M.H. to be returned to the mother. These unappealed orders were sufficient to establish that S.C.M.H. was deprived. See, e.g., In the Interest of K.L., 234 Ga.App. 719, 722, 507 S.E.2d 542 (1998); R.N., supra at 203, 480 S.E.2d 243. In the Interest of G.A.P., 147 Ga.App. 568, 249 S.E.2d 157 (1978), relied upon by the mother, is distinguished from this case. In G.A.P., this court stated that the juvenile court erroneously "took judicial notice of a previous order issued by it in connection with a prior petition alleging that [the] child was deprived." (Emphasis supplied.) Id. But here, the previous deprivation orders constituted part of the same legal proceeding instituted by Newton County and continued by Rockdale County.

Furthermore, the record supports a finding of deprivation. A deprived child is defined in part as a child who is "without proper parental care or control." OCGA § 15-11-2(8)(A). A juvenile court can consider several factors in determining whether a child is without proper parental control, including the parent's "[e]xcessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs," as well as a non-custodial parent's failure "for a period of one year or longer prior to the filing of the petition for termination... [t]o provide for the care and support of the child as required by law or judicial decree" or to comply with a court-ordered reunification plan. OCGA § 15-11-81(b)(4)(B)(ii) and (C)(ii) and (iii).

Evidence presented at trial was sufficient to show the presence of these factors. First, the mother was required by the juvenile court's previous order to pay $25 per week child support on behalf of S.C.M.H. It appears that she failed to make these payments; two DFACS caseworkers who worked with her from September 1995 through the time of the hearing in July 1998 testified that they were unaware of any support payments made by the mother.

Also, the plan developed by one of these caseworkers required the mother, among other things, to receive help for her drug and alcohol problem and remain drug and alcohol free. Although the caseworker testified that drug screens were negative during the time she worked with her, the mother "admitted she was still drinking and having a problem with alcohol." She also testified concerning rehabilitation programs begun but not completed by the mother. The caseworker stated that she was "very lenient with" the mother and attempted to give her options concerning treatment.

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In the Interest of S. C. M. H.
517 S.E.2d 598 (Court of Appeals of Georgia, 1999)

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Bluebook (online)
517 S.E.2d 598, 238 Ga. App. 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-scmh-gactapp-1999.