In the Interest of A. A.

618 S.E.2d 723, 274 Ga. App. 791
CourtCourt of Appeals of Georgia
DecidedJuly 28, 2005
DocketA05A1063
StatusPublished
Cited by2 cases

This text of 618 S.E.2d 723 (In the Interest of A. A.) 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 the Interest of A. A., 618 S.E.2d 723, 274 Ga. App. 791 (Ga. Ct. App. 2005).

Opinion

JOHNSON, Presiding Judge.

The mother of A. A., L. A., B. A., G. A., and C. A. appeals from the juvenile court’s order terminating her parental rights.1 She contends that the trial court erred by failing to make specific findings of fact and conclusions of law as to each child, that the evidence was insufficient to authorize the termination of her parental rights, and that the court failed to conduct a termination hearing within one year of the filing of the termination petition. None of the arguments presents any basis for reversal, so we affirm the decision of the juvenile court.

1. The mother claims the evidence presented at the termination hearing was insufficient to authorize a termination of parental rights. We disagree.

In August 2000, the mother asked the Whitfield County Department of Family and Children Services to take custody of her five children because she was homeless and unemployed. Because the Department lacked spaces with bilingual foster parents, it elected to provide support services to the family which would allow the children to remain in the mother’s care. During the next few months, the Department and other agencies provided financial assistance to the mother for rent, food and transportation.

Despite the assistance she received, the mother failed to provide necessary health care for the children. For example, the mother neglected to treat the children for head lice, or to obtain treatment for A. A.’s severe dental problems, which included abscesses, infections, and tooth loss, even though social workers and others made arrangements for such care. The mother also failed to seek treatment for C. A.’s bronchitis. When social workers gave the mother a prescription for the condition, the mother failed to administer the medication to the child.

[792]*792The record shows that the mother failed to properly supervise the children while they were in her care. On one occasion, two-year-old C. A., who has Down’s Syndrome, ran in front of a bus while the mother ignored him. On another occasion, the mother sent C. A. and four-year-old G. A. to catch the bus alone while she remained in the apartment. C. A. fell and slid under the bus, and the mother did not come outside. She often left the children outside unsupervised, without shoes, and inappropriately dressed for the weather.

The Department obtained temporary custody of the children on December 22, 2000. The juvenile court entered an order adjudicating the children deprived and awarding custody to the Department. The order was not appealed and the mother is bound by the findings.2

The Department developed a reunification and nonreunification plan in January 2001, requiring the mother to establish and maintain housing and income sufficient to meet the family’s needs, improve parenting skills, complete parenting classes, cooperate with the Department, visit the children and pay the Department $50 per month in child support, complete a psychological evaluation and follow recommended treatment, and complete an anger management program.

Thereafter, the mother’s case plan goals were renewed and reviewed by citizen panels and the juvenile court. On June .26, 2002, the Department filed a petition to terminate the parental rights of the children’s mother and their fathers. The termination hearing was delayed over the next two years because of difficulties serving one of the fathers.

At a termination hearing held in October 2004, a psychologist testified that she completed evaluations of the mother in August 2001 and December 2002. She diagnosed the mother as having an adjustment disorder with anxiety. The psychologist related that the mother had homicidal and suicidal ideations in 2001, and that the mother had revealed that if she could no longer see the children, she might kill everyone who had hurt her and then kill herself. In 2002, the psychologist again evaluated her, this time mentioning a 2002 hospitalization due to a “boyfriend problem.” The psychologist diagnosed the mother with unspecified adjustment disorder. She noted that the mother still exhibited the potential for homicidal or suicidal behaviors. She reported that the mother was planning to “get even” with the Department, and noted a 2001 suicide attempt.

The psychologist recommended that the mother receive a psychiatric evaluation to assess whether psychotropic medication might [793]*793be beneficial. She also recommended that the mother obtain regular mental health checkups, noting that if she did not, any children in her care could be at risk.

Another psychologist testified that he performed a parenting skills evaluation of the mother in January and February 2004. He noted that the mother had a difficult time formulating strategies to assess and address the needs of older children. He testified that the mother needed more education and emotional support to help develop her parenting skills. The psychologist noted that she has difficulty forming attachments to people, including the children, and that she has not been able to maintain significant relationships with adults. He added that the children needed stability and that the mother did not have the parenting skills to care for them. He explained that if the children were returned to her home, a caregiver would need to be there 24 hours a day, 7 days a week, to take care of the mother and the children. When asked if he had ever seen anyone with the mother’s level of need overcome the problems she possessed and have the children returned to her care, the psychologist replied “Rarely.”

The children’s case manager from June 2001 to August 2002 testified about the mother’s noncompliance with her case plan goals during that period. He testified that the mother never provided any documentation of employment, though she reported being employed about 35-40 percent of the time. She did not have stable housing; at times, she had no power or heat. The case manager added that the mother failed to obtain recommended mental health treatment and did not cooperate with the Department.

A second case manager, who managed the mother’s case since August 2002, testified that the mother failed to provide proof that she maintained stable housing for at least six months, that she failed to notify the Department of address and employment changes, and that she failed to provide proof of sufficient income. While she provided proof of employment as of January 2004, she did not provide pay stubs or other proof of income from that job.

The case manager testified further that the mother did not follow through with the recommendations from her psychological evaluations, and paid child support on a sporadic basis and only involuntarily. She added that the mother was in arrears on her support payments. The case manager testified that the mother repeatedly offered to surrender her parental rights to the five children if the Department would help her regain custody of the sixth child. The caseworker testified that the mother did not make any significant progress toward completing the case plans. She noted that one of the children has Down’s Syndrome, that that child had made progress with his foster parents, and that his foster parents desired to adopt him. She also testified that while the mother seemed to understand [794]*794the children’s needs in terms of food and shelter, the mother lacked the ability to understand or meet the children’s emotional needs.

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Related

In the Interest of T. C. D.
636 S.E.2d 704 (Court of Appeals of Georgia, 2006)
In Re Aa
618 S.E.2d 723 (Court of Appeals of Georgia, 2005)

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Bluebook (online)
618 S.E.2d 723, 274 Ga. App. 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-a-a-gactapp-2005.