In re T. S.

820 S.E.2d 773
CourtCourt of Appeals of Georgia
DecidedOctober 23, 2018
DocketA18A0948
StatusPublished
Cited by6 cases

This text of 820 S.E.2d 773 (In re T. S.) 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 T. S., 820 S.E.2d 773 (Ga. Ct. App. 2018).

Opinion

Gobeil, Judge.

The Lowndes County Juvenile Court entered an order finding L. S., born in 2007, and T. S., born in 2010 (collectively, "the children") dependent as to their mother, and the court awarded temporary custody of the children to the Lowndes County Department of Family and Children Services ("the Department").1 The mother now appeals, arguing that the Department failed to establish *775by clear and convincing evidence that the children were dependent. For the reasons that follow, we affirm.

[O]n appeal from a [dependency] 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 [dependency]. In this review, we do not weigh the evidence or determine the credibility of witnesses; instead we defer to the juvenile court's findings of fact and affirm unless the appellate standard is not met.

In the Interest of G. R. B. , 330 Ga. App. 693, 698, 769 S.E.2d 119 (2015) (footnotes and punctuation omitted). See also In the Interest of S. C. S. , 336 Ga. App. 236, 244, 784 S.E.2d 83 (2016).

The record shows that on September 12, 2016, the Department filed a complaint alleging that the mother's boyfriend2 had shot the children with a BB gun in the mother's presence on April 18, 2016. The complaint further alleged that there was drug use and domestic violence in the household, and the mother had not provided for her children.3 The Department subsequently filed a dependency petition on October 11, 2016, alleging that the Department could not ensure the children's safety and well-being in their mother's care. Specifically, the Department described that the mother had continued to allow her boyfriend, who had tested positive for methamphetamine on September 9, 2016, to have contact with the children in violation of her case plan. Further, the mother had failed to secure housing or employment and had been living in a temporary shelter.

At the dependency petition hearing, Department case manager Adrian Rivers described that the Department received a report on April 28, 2016, that the mother's boyfriend had shot the children with a BB gun or pellet gun in the mother's presence. The children also witnessed the boyfriend "roll up something green and smoke it." The children had reported the incident at school and described that they were afraid of the mother's boyfriend. Upon receipt of the report, Rivers met with the mother at her job and then traveled to her home. The mother's boyfriend, however, would not let him enter the home. Rivers observed physical marks on the children, but he never asked to see the BB gun or bullets. The mother's boyfriend denied shooting the children, and the mother explained that she was not present at the time of the alleged incident. The mother agreed to the terms of the Department's safety plan that required her to keep the children away from her boyfriend and to live with a family friend. Shortly thereafter, the Department learned that the mother frequently left the children with the family friend for days at a time without disclosing her whereabouts. On May 5, 2016, Rivers contacted the mother via telephone and advised her that she needed to be present with the children in the family friend's home and that the family friend could not serve as the children's primary caregiver. On June 2, 2016, the Department located the mother and her boyfriend residing in a motel with the children present. The mother apologized to Rivers for her failure to comply with the safety plan. The Department initiated a second safety plan, to which the mother agreed, which required the children to be placed with the family friend to address the concern of the children being in contact with the mother's boyfriend. The Department also determined that the mother needed ongoing services to help her secure stable housing and other required assessments.

Monica Inman, a case manager for the Department, testified that she took over the mother's case at the end of June 2016, at which time the mother's whereabouts were unknown. Approximately a month later, the Department located the mother living at a shelter with her boyfriend. A family team meeting was held at the shelter to discuss *776the Department's case plan, and services were ordered for the mother to receive assistance.4 Inman described that the mother had been making good progress while residing in the shelter as she had obtained employment and was working on securing more permanent housing. Shortly thereafter, the mother moved out of the shelter after the boyfriend was "discharged" from the shelter, but she did not report her new address to the Department.5 Inman located the mother approximately two weeks later, living in an abandoned mobile home with her boyfriend. About a month later, the mother disappeared again, and was later found living in a motel with her boyfriend. Throughout her involvement in the case, Inman reported that the mother had lived in approximately six or seven different addresses and never reported a change in residence to the Department, which in turn inhibited the Department's ability to provide the mother with necessary services. It appeared that the mother was more focused on her boyfriend than the children's welfare. Specifically, Inman testified that "each time [she] met with [the mother] her main conversation was [the boyfriend]. It was not her children. It was [the boyfriend]." Inman opined that "this could have been an easy case, but [the mother] just did not have the stability to maintain one place so that [the Department] could provide those services."

Inman also testified that the mother's boyfriend had been uncooperative with the Department. He continued to abuse drugs, failed to participate in substance abuse counseling, and failed to follow up with mental health services. During her interactions with the mother's boyfriend, Inman reported feeling threatened because he could get "explosive and hostile ... when something doesn't go his way or he doesn't like something that's said." Inman noted that the boyfriend's "mood changes for whatever reason," and she has "felt threatened in his presence." Inman also testified that caring for the children had taken an emotional toll on the family friend because she was not receiving any financial support from the mother and had her own family to care for. In fact, the mother had failed to financially support or otherwise provide for the children since at least April 2016.

A therapist at Pathway to Hope, an addiction treatment center, testified that she completed a parental fitness assessment of the mother on June 13, 2016, which included an in-person interview and screening tests.

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Bluebook (online)
820 S.E.2d 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-t-s-gactapp-2018.