In Re Sdh

652 S.E.2d 570
CourtCourt of Appeals of Georgia
DecidedSeptember 28, 2007
DocketA07A1440
StatusPublished

This text of 652 S.E.2d 570 (In Re Sdh) 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 Sdh, 652 S.E.2d 570 (Ga. Ct. App. 2007).

Opinion

652 S.E.2d 570 (2007)

In the Interest of S.D.H., a child.

No. A07A1440.

Court of Appeals of Georgia.

September 28, 2007.

*571 Alex H. Morrow, Warner Robins, for Appellant.

Williams, Sammons & Sammons, Walter G. Sammons Jr., for Appellee.

BERNES, Judge.

The mother of S.D.H. appeals the juvenile court's order finding the child deprived. She contends that there was insufficient evidence to support the deprivation finding. For the reasons that follow, we affirm.

On appeal from a deprivation order, we view the evidence in the light most favorable to the juvenile court's judgment to determine whether any rational trier of fact could have found clear and convincing evidence of deprivation. In the Interest of A.B., 285 Ga.App. 288, 645 S.E.2d 716 (2007). We neither weigh evidence nor determine the credibility of witnesses. Id.

So viewed, the testimony and mental health records admitted at the deprivation hearing[1] reflect that at the time of the proceedings, the parents of S.D.H. were married and were both members of the United States Air Force stationed in Warner Robins. In March 2005, while pregnant with S.D.H., the mother went to the mental health clinic located on the military base for a psychological assessment. The mother reported that she had been depressed since March 2004, felt that she was unable to control her angry outbursts directed at other family members, and was concerned that her depression and uncontrolled anger problem would "cause her to lose the baby." Following her initial visit to the mental health clinic, the mother began receiving counseling for her depression and anger management problems from an Air Force psychiatrist and clinical psychologist, respectively.

S.D.H. was born on June 29, 2005. Over the ensuing months, the mother suffered from increasing depression and uncontrolled anger, resulting in ongoing confrontations with her husband and mother-in-law. During this period, the mother's psychiatrist diagnosed her with "major depressive disorder with postpartum onset" and placed her on psychotropic medication.

In November 2005, the mother was extremely angry when she arrived for her counseling session with her clinical psychologist, and she was unable to stop crying throughout the session. Because of her depression and inability to control her anger, the mother agreed to placement in a partial hospitalization program at Coliseum Psychiatric Hospital. But, less than a week later, the mother left the program prematurely because she felt that she was being "singled out" and "attacked" during group therapy. After leaving the program, the mother reported to her psychologist that she was still experiencing anger problems and had "fleeting thoughts of harming others."

In December 2005, the mother verbally threatened another Air Force member, which resulted in a military order forbidding any contact between them. Based on the threat, the Air Force also deemed the mother unsafe to carry a weapon and removed her from weapons duty.

*572 On December 22, 2005, the mother arrived at the mental health clinic to see her psychologist without an appointment, extremely agitated and stating that her mother-in-law was going to kidnap S.D.H. The mother expressed concern that her mother-in-law was trying to break up her marriage and take S.D.H. away from her, and that her husband would not stand up to his mother. The mother again agreed to placement in the partial hospitalization program at Coliseum, where medical records describe her as "a nearly belligerent, hostile, angry young adult." In addition to her diagnosis of major depression, the mother was diagnosed with borderline personality disorder during this period. According to the mother's psychologist, borderline personality disorder is marked by an inability to maintain a stable mood and erratic personal relationships in which a patient goes back and forth between feeling extremely positive and extremely negative about the other person. The psychologist noted that the mother exhibited these characteristics.

In January 2006, the mother was released from the partial hospitalization program but continued to receive outpatient counseling for her depression and anger. In late March 2006, the mother-in-law arrived at the military base for a visit. After observing the mother's behavior, the mother-in-law contacted the group commander on base and expressed concern about the safety of her son and S.D.H. On March 31, 2006 a meeting was scheduled between the mother, father, mother-in-law, military personnel, and the mother's clinical psychologist to address these concerns. During the meeting, the mother began screaming, cried uncontrollably, pulled out her hair, repeatedly hit the father, and ran outside into the street waving her hands in the air. As a result of the mother's uncontrolled behavior, the clinical psychologist decided to hospitalize the mother at Coliseum "for behavior that was a danger to self and others." At the time of her admission into the hospital, the mother threatened physical violence against her mother-in-law and exhibited "[p]sychiatric symptoms severe enough to cause disordered, bizarre behavior."

While the mother was hospitalized, the father filed a private deprivation petition alleging that S.D.H. was deprived as a result of the mother's mental health problems and uncontrolled behavior. The father also subsequently filed for divorce.

The mother was released from the hospital on April 6, 2006. An Air Force medical evaluation board thereafter examined whether the mother should be discharged from military service. In a consultation report submitted to the medical evaluation board, the mother's psychiatrist opined:

Despite one year of aggressive medication treatment, individual and marital therapy, and use of both inpatient and [partial hospitalization] resources, the patient continues to report uncontrollable sadness and agitated anxiety of an unpredictable nature. . . . Prognosis is poor in the short term due to continued stressors that . . . may complicate her recovery. . . . The patient's clinical condition is unlikely to change substantively over the next 6-12 months.

Following its review, the medical evaluation board found that the mother suffered from major depressive disorder and borderline personality disorder and recommended that the mother be discharged from the Air Force. The mother subsequently was discharged from military service.

At the deprivation hearing, the mother's clinical psychologist testified about the mother's history of major depression, borderline personality disorder, and anger management problems. The mother's medical records also were admitted without objection. Additionally, the mother testified about her struggle with depression, admitted that she had an anger problem, and conceded that she had been physically violent with her husband during their marriage and had thrown furniture in the presence of her husband and S.D.H.

Following the deprivation hearing, the juvenile court entered its order finding that S.D.H. was deprived as to the mother, awarding temporary custody to the father, and authorizing the mother to have visitation with the child. The juvenile court found that the mother was unable to adequately care for S.D.H. based on her major depression, borderline *573

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Bluebook (online)
652 S.E.2d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sdh-gactapp-2007.