In Re SG

611 S.E.2d 86, 271 Ga. App. 776
CourtCourt of Appeals of Georgia
DecidedFebruary 24, 2005
DocketA05A0212
StatusPublished

This text of 611 S.E.2d 86 (In Re SG) 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 SG, 611 S.E.2d 86, 271 Ga. App. 776 (Ga. Ct. App. 2005).

Opinion

611 S.E.2d 86 (2005)
271 Ga. App. 776

In the Interest of S.G., a child.

No. A05A0212.

Court of Appeals of Georgia.

February 24, 2005.

*87 Hurl R. Taylor, Jr., Ellenwood, for Appellant.

Thurbert E. Baker, Atty. Gen., Shalen S. Nelson, Sr. Asst. Atty. Gen., Mark J. Cicero, Asst. Atty. Gen., Robert Nardone, for Appellee.

ANDREWS, Presiding Judge.

The biological mother of S.G., a child, appeals from the order of the Juvenile Court of DeKalb County terminating her parental rights to the child. The appellant claims that there was a lack of clear and convincing evidence to support the juvenile court's order terminating her parental rights. For the following reasons, we find the evidence was sufficient and affirm.

The juvenile court's decision to terminate appellant's parental rights involved a two-step proceeding. In the first step, the court was required to determine pursuant to OCGA § 15-11-94(a) "whether there is present clear and convincing evidence of parental misconduct or inability...." Under OCGA § 15-11-94(b)(4)(A),

The court determines parental misconduct or inability by finding that: (i) The child is a deprived child, as such term is defined in Code Section 15-11-2; (ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.

Pursuant to OCGA § 15-11-2(8), a deprived child is defined as a child who:

(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals; (B) Has been placed for care or adoption in violation of law; (C) Has been abandoned by his or her parents or other legal custodian; or (D) Is without a parent, guardian, or custodian.

In determining whether the child was without proper parental care or control as set forth in OCGA § 15-11-94(b)(4)(A), the court was required to consider any evidence that such care and control was absent, including evidence of the statutory circumstances described in OCGA § 15-11-94(b)(4)(B) and (C). In the present case, the court considered whether there was evidence sufficient to find the existence of the following statutory circumstances:

[Whether there exists] [a] medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child[.]

OCGA § 15-11-94(b)(4)(B)(i) and

[W]here the child is not in the custody of the parent who is the subject of the proceedings,... the court shall consider ... whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To develop and maintain a parental bond with the child in a meaningful, supportive manner; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents.

*88 OCGA § 15-11-94(b)(4)(C). In the second step, because the court found clear and convincing evidence of appellant's parental misconduct or inability as defined in OCGA § 15-11-94(b)(4), the court then considered

whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

OCGA § 15-11-94(a).

On appeal from a termination of parental rights, the standard of review is whether, after reviewing the evidence in the light most favorable to the juvenile court's disposition, any rational trier of fact could have found by clear and convincing evidence that the parent's right to custody should be terminated. In the Interest of K.S.W., 233 Ga.App. 144, 147, 503 S.E.2d 376 (1998). This Court does not weigh the evidence or determine the credibility of witnesses; rather we defer to the juvenile court's factfinding and affirm unless the appellate standard is not met. Id.

Applying the above provisions and standards of review to appellant's claim of error, we find that there was clear and convincing evidence supporting the juvenile court's decision to terminate appellant's parental rights to the child. The following facts supported the juvenile court's termination order.

After DeKalb County police found appellant and her four-year-old child, S.G., in a homeless condition in September 2000, the child was placed in the custody of the DeKalb County Department of Family and Children Services (DFACS). Pursuant to a DFACS petition, the juvenile court entered an order in January 2001 finding that the child was deprived and continuing custody of the child in DFACS. At the deprivation hearing, the appellant stipulated that the child was deprived because the appellant was homeless and unable to provide for the child.[1] A court-ordered psychological evaluation of appellant performed in January 2001 diagnosed appellant as suffering from schizophrenia and anxiety disorder, and found that she was not presently capable of caring for the child. Pursuant to OCGA § 15-11-58, a plan for appellant to obtain treatment and eventually reunite with the child was formed and adopted by the court in March 2001. In April 2001, appellant filed a request for a hearing on her case contending that she was capable of caring for the child. The court scheduled a hearing in May 2001, but appellant failed to appear for the scheduled hearing. In May 2001, the court adopted a revised plan for reunification of the appellant and the child, even though the record shows that appellant's whereabouts were unknown at the time, and she had not seen or attempted to contact the child since late March 2001.

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Related

In the Interest of K. S. W.
503 S.E.2d 376 (Court of Appeals of Georgia, 1998)
In the Interest of G. K. J.
370 S.E.2d 490 (Court of Appeals of Georgia, 1988)
In the Interest of J. L. Y.
361 S.E.2d 246 (Court of Appeals of Georgia, 1987)
In the Interest of L. H.
511 S.E.2d 253 (Court of Appeals of Georgia, 1999)
In the Interest of P. A. T. L.
592 S.E.2d 536 (Court of Appeals of Georgia, 2003)
In the Interest of S. G.
611 S.E.2d 86 (Court of Appeals of Georgia, 2005)

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