In Re Tdb

597 S.E.2d 537
CourtCourt of Appeals of Georgia
DecidedMarch 23, 2004
DocketA03A1746
StatusPublished

This text of 597 S.E.2d 537 (In Re Tdb) 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 Tdb, 597 S.E.2d 537 (Ga. Ct. App. 2004).

Opinion

597 S.E.2d 537 (2004)
266 Ga.App. 434

In the Interest of T.D.B. et al., childern.

No. A03A1746.

Court of Appeals of Georgia.

March 23, 2004.

*538 Sheryl D. Fambrough, Monroe, for appellant.

Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, John R. Laseter, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Melissa A. Bruzzano, for appellee.

MIKELL, Judge.

Appellant mother appeals three juvenile court orders extending the placement of her four minor children in the custody of the Walton County Department of Family and Children Services ("Walton DFCS"), terminating her parental rights, and finding that no suitable relative placement exists. We affirm.

"On appeal, this [C]ourt neither weighs the evidence nor determines the credibility of witnesses; we defer to the juvenile court's factfinding and affirm unless the appellate standard is not met." (Citation omitted.) In the Interest of R.U., 239 Ga.App. 573, 577(1), 521 S.E.2d 610 (1999).

Viewing the evidence in favor of the juvenile court's findings, the record shows that in the ten years preceding the case at issue, appellant's family received assistance from Departments of Family and Children Services ("DFCS") in at least four other counties. The present case involves four of the appellant's children: T.D.B., born January 20, 1993, J.L.B., born October 3, 1994, G.C.B., born February 1, 1996, and A.L.B., born August 15, 1997.[1] The incident leading to the children's most recent removal from the home occurred on July 30, 2001, when appellant took the children to the Walton DFCS office and reported that their father had threatened to kill them. The caseworkers who met with the family observed that the children were filthy, were not properly dressed, and had strong body odor. There was also evidence that they were infested with lice. Appellant told one of the caseworkers that she wanted Walton DFCS to protect the children.

Appellant appeared to be under the influence of drugs, and she admitted that she had taken Vicodin and a muscle relaxant. She told the caseworker that she needed mental health treatment and that she had not taken her prescribed antidepressant since December 2000. When appellant learned that Walton DFCS intended to obtain temporary custody of the children, she threatened to kill herself. She was taken to a hospital, and *539 Walton DFCS obtained emergency custody of the four children and R.L., appellant's child from a previous marriage.

The juvenile court held a detention hearing on July 31, 2001, and entered a detention order on August 2, 2001. On or about August 6, 2001, Walton DFCS filed a deprivation petition and an affidavit of reasonable efforts to preserve and reunify the family. The court held an adjudicatory hearing on August 16, 2001, and entered a deprivation order on September 5, awarding Walton DFCS temporary custody of T.D.B., J.L.B., G.C.B., and A.L.B. The court awarded custody of R.L. to her father. The deprivation order was not appealed.

Walton DFCS subsequently developed a nonreunification case plan for the family, which was filed on November 14, 2001, and incorporated by the court as part of the dispositional order on November 15. A citizens review panel met on December 4, 2001, and recommended termination of parental rights. Appellant subsequently requested a hearing on the panel's recommendation.

On December 11, 2001, Walton DFCS filed a petition to terminate the parental rights of appellant and the children's father. The family's caseworker prepared a detailed report which was attached as an exhibit to the petition, describing ten years of severe neglect and abuse suffered by appellant's children. The parties consented to consolidation of the nonreunification hearing and the termination hearing. Walton DFCS amended the petition to add certificates from the putative father registry indicating that no one acknowledged paternity of T.D.B., J.L.B., G.C.B., and A.L.B.

The consolidated hearing took place on March 4 and 5, 2002. The juvenile court heard testimony from seven caseworkers about appellant's history of involvement with DFCS offices in five counties in Georgia. Valerie McKenzie and Aileen Blacknell of Cobb DFCS testified that their office received eight neglect referrals on appellant's family between February 1991 and November 1999; that they implemented five case plans for the family; and that they assisted appellant with problems including deplorable living conditions, inadequate food supply, deficient medical care, truancy, and inappropriate discipline. According to Blacknell, Cobb DFCS would have sought a shelter care order to remove the children had appellant's lack of cooperation continued. Instead, the case was transferred and closed when the family moved to Kentucky in April 1999.

Ramona Duncan, a Bartow DFCS investigator, testified that her agency received four neglect reports on appellant's family between June 1995 and November 1998. The evidence showed that while in Bartow County, appellant's family lived in campground tents, a van, and a dirty, roach-infested home. Bartow DFCS developed a safety plan for appellant and attempted to assist her with some of the same problems encountered in Cobb County, including housing, hygiene, and food supply.

Margarita Shaw, a Newton DFCS caseworker, testified that her agency received five referrals on appellant's family from April 2000 through February 2001. She testified that in August 2000, Newton DFCS received reports that the family was living in a tent in a park and that appellant and the children's father were smoking marijuana. After appellant tested positive for marijuana, Newton DFCS obtained temporary custody of the children. After appellant and the father complied with the goals of their reunification plan, the children were returned home on October 12, 2000.

Penny Shirley, a caseworker with Walton DFCS, testified that her office first received a referral on appellant's family in February 2001, but that the case was transferred to Newton DFCS. She testified that she encountered the family again on July 30, 2001, when the children were removed after appellant brought them to the Walton DFCS office. Shirley went to the appellant's home that day, and she testified that the living conditions she encountered were deplorable; there was rotten food in the kitchen; the bathtub was filled with wet and dirty clothes; there were more wet, moldy clothes on the back porch; and there were no sheets on the beds. She opined that the house was not suitable for humans to inhabit and that it should have been condemned. According to *540 Shirley, the father told her that he had been living at a motel because of the condition of the home.

Amber Gray, a Walton DFCS caseworker, and Eugenia Whitted, an Oglethorpe DFCS case manager, testified about appellant's visitation with the children. Both reported that appellant had very limited interaction with the children and that she often watched the children play with their father while she talked to the caseworkers about her problems.

Appellant's oldest child and the children's half-brother, Ro.L., who was 18 years old at the time of the hearing, testified that appellant had beaten him and that the children's father molested him.[2] He further testified that he had bipolar disorder and was previously diagnosed with paranoid schizophrenia. Ro.L.

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In the Interest of T. D. B.
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Bluebook (online)
597 S.E.2d 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tdb-gactapp-2004.