In Re Th

659 S.E.2d 813
CourtCourt of Appeals of Georgia
DecidedMarch 21, 2008
DocketA07A2215
StatusPublished

This text of 659 S.E.2d 813 (In Re Th) 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 Th, 659 S.E.2d 813 (Ga. Ct. App. 2008).

Opinion

659 S.E.2d 813 (2008)

In the Interest of T.H., et al., children.

No. A07A2215.

Court of Appeals of Georgia.

March 21, 2008.

*814 Teresa G. Bowen, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, John D. Staggs Jr., Huey W. Spearman, Waycross, for appellee.

ADAMS, Judge.

The mother of T.H., T.H. and M.H. appeals from the order of the juvenile court terminating her parental rights, challenging the sufficiency of the evidence and contending that termination of her parental rights is not in the best interests of the children.

On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines *815 whether any rational trier of fact could have found by clear and convincing evidence that the natural parents' rights to custody have been lost. In the Interest of S.H., 251 Ga.App. 555(1), 553 S.E.2d 849 (2001). "This court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's fact-finding and affirm unless the appellate standard is not met." . . . In the Interest of C.R.G., 272 Ga.App. 161, 161-162, 611 S.E.2d 784 (2005).

In the Interest of M.C., 287 Ga.App. 766(1), 653 S.E.2d 120 (2007).

Viewed in this light, the record and transcript show the following: T.H., the oldest child, came into the custody of the Department of Family and Children Services (the Department) after he was severely injured by Herbert Kay, with whom the mother had a relationship. His injuries included a fractured skull, fractured right eye and lacerated liver. The mother initially told authorities she did not know what happened to the child and then later said he was injured when he fell off a bed. However, the only bed in the house was a mattress on the floor.

Custody was returned to the mother in September 2005 after she complied with her case plan with the Department providing intensive services and supervision for a period of six months. However, in January 2006, both T.H. and his brother were again removed from the mother's custody after she violated the terms of her case plan by letting Kay see the children. The record shows this incident occurred after the mother had been held by Kay against her will the previous night. The mother explained she let Kay see the children then because she thought he would be incarcerated after she reported the incident. The two children were adjudicated deprived following this incident. In December 2006, the mother gave birth to a third child, M.H., who was removed from her custody upon release from the hospital. A petition to terminate the parental rights of the mother to her two older children was also filed about this time. M.H. was also adjudicated deprived and a termination of parental rights was later filed on her behalf.

Testimony was introduced at the termination hearing about the help the mother had been given during the months she had the two older children. According to the Department's caseworker, the mother had been given all the furniture in the house where they were living, and was being offered numerous support services in the home. The caseworker testified that even before the mother violated the case plan by letting Kay see the children, she had started failing to maintain contact with the Department and other support agencies and her whereabouts were at times unknown. Also, liquor bottles were observed "laying all in the house with various men in and out of the house with her and the children there."

The caseworker also testified that the mother had not developed adequate parenting skills during the time she had the children despite being given the assistance and opportunity to do so and that she did not demonstrate she could adequately care for the children during the time they were in her custody. The caseworker testified that the mother had asked for three more months at the time of the previous hearing to comply with the case plan but had not obtained her own housing, employment or maintained child support payments since that time. The mother was also living with a relative whose home had not been approved for the children.

The caseworker testified there was "absolutely nothing else" in the way of services that the Department could provide to the mother that had not already been provided to her. The caseworker also testified that the children visit with the mother but they do not acknowledge her as such. She testified there was no parental bond and that the mother does not exhibit appropriate parenting skills, even for short visits. She also testified that the children needed the permanency that had been lacking in their lives.

A witness from the Child Support Enforcement Unit also testified at the termination hearing that the mother was $3,603.80 in arrears in her child support payments, and the mother would "most probably" be incarcerated "soon" because of her failure to pay. The witness also testified that the mother had been given "leniency" after the birth of *816 her third child and that she had been given time to recover and look for a job.

The mother testified that she was still living with her aunt and recognized that her aunt's home had not been approved as a placement for her children. She testified she was just waiting for the final paperwork to be completed on housing she had obtained. She acknowledged that she was in arrears in her child support payments and testified that she had been looking for a job since the last hearing. The mother testified it had been about a year since she was last employed and that she was terminated from that job for selling alcohol on Sunday. She testified that she was about three weeks away from obtaining her GED and that when she completed that she was going to take an eight-week course to obtain her CNA degree. She testified that she visits her two older children approximately every other week and that they call her mama. She said she had visited her youngest child about three times in approximately three months, including the last time she was in court. She also testified that she was asking to continue the case to give her more time to get a job and to be able to take care of her children without assistance.

Tiffany Henderson from Advantage Counseling testified that she has been involved with the family since 2005 and that she had performed a Comprehensive Child and Family Assessment on each of the children. She stated that although her initial recommendation was for reunification, as time has passed and no progress has been made, her recommendation changed to nonreunification. She testified that the mother has been making representations that she would be completing her GED and obtaining adequate employment and housing since her involvement started in 2005. She opined that the mother had "regressed" since 2005 when she got her two oldest children back. In her opinion, the mother could not exercise appropriate parental judgment to protect the children nor adequately provide for them.

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Bluebook (online)
659 S.E.2d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-th-gactapp-2008.