In the Interest of A. L. E.

546 S.E.2d 319, 248 Ga. App. 213
CourtCourt of Appeals of Georgia
DecidedFebruary 22, 2001
DocketA01A0205
StatusPublished
Cited by22 cases

This text of 546 S.E.2d 319 (In the Interest of A. L. E.) 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. L. E., 546 S.E.2d 319, 248 Ga. App. 213 (Ga. Ct. App. 2001).

Opinion

Mikell, Judge.

The life of this mentally ill appellant unraveled after her husband was struck down by a massive stroke. Despite this tragic circumstance, we reluctantly affirm the termination of her parental rights. However, we remand for a hearing on appellant’s ineffective assistance of counsel claim.

This court has long recognized that termination of parental rights is a severe measure. There is no judicial determination which has more drastic significance than that of permanently severing a natural parent-child relationship. It must be scrutinized deliberately and exercised most cautiously. When we do this, we make a decision on human frailties and their consequences. It becomes an agonizing undertaking.1

An appellate court must affirm a termination order if a rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost.2 We do not weigh the evidence or determine witness credibility but defer to the juvenile court’s factfinding.3 Moreover, we review the evidence in the light most favorable to the state.4

So viewed, the evidence in the instant case shows that appellant suffered her first psychotic break in 1990 when she was 27 years old. Since then she has been hospitalized in psychiatric institutions at least eight times. Appellant and her husband were married in 1992, and T. S. E. was born on October 24, 1992. During appellant’s pregnancy with A. L. E., who was born on May 30, 1998, her physician became concerned about her behavior and contacted the Cobb County Department of Family & Children Services (“DFACS”). Appellant’s husband signed a safety plan, promising to provide supervision for appellant while she was caring for the children; however, appellant failed to take her medication and was left at home alone with the children. DFACS then provided intensive in-home assistance, which significantly improved appellant’s home life until March 18, 1999, when appellant’s husband suffered a massive stroke which left him totally paralyzed, save for the ability to blink his eyes. He became comatose and died on February 10, 2000.

Appellant’s mental condition quickly deteriorated after her hus[214]*214band’s stroke. On April 1, 1999, appellant left her children alone in the car in the hospital’s parking lot while she visited her husband. Hospital security called the police, and appellant was arrested and charged with two counts of deprivation. On May 3, when appellant arrived at the hospital with her children, she was intoxicated and tried to give her husband beer.

On May 14, 1999, the juvenile court entered an order finding the children deprived. The order, which was not appealed, reflects that appellant had not seen her treating psychiatrist, Dr. Klopper, for several months. The court ordered appellant to keep monthly appointments with Dr. Klopper, take her medication, and undergo counseling as recommended by Dr. Klopper. DFACS was awarded temporary custody of the children.

On June 5, appellant was arrested on a charge of reckless conduct after she checked her husband out of the hospital, against medical advice, to celebrate her birthday. Ten days later, the juvenile court held a review hearing and ordered appellant to attend supervised visitation with her children, to refrain from calling the children’s foster home, and to see the same psychiatrist on a regular basis.

Appellant was arrested for DUI on July 14, 1999. Shortly thereafter, she was arrested for theft by taking cigarettes and candy from a convenience store. At a hearing on August 24, the court suspended appellant’s visitation with her children. On September 7, 1999, the juvenile court found that appellant had failed to comply with portions of the court’s previous order, although apparently she attended supervised visits with her children.5

On September 24, 1999, DFACS filed a petition to terminate parental rights, citing “aggravated circumstances that do not require the use of reasonable efforts to reunify the children with the parents.”

On October 7, 1999, appellant pleaded guilty to two counts of deprivation, reckless conduct, theft by taking, and DUI. She was credited for time served and placed on almost four years probation. As a condition of probation, appellant was required to undergo psychiatric evaluation as well as treatment for alcohol dependency. On January 27, 2000, appellant’s probation was revoked for falsely reporting a crime and failing to participate in an alcohol treatment program. She was incarcerated when her husband died on February 10 and was transported from jail to-attend the termination hearing on March 10, 2000.

[215]*215The state called no witnesses at the hearing, relying instead on the deprivation orders, psychological evaluations, medical records from appellant’s psychiatric hospitalization in December 1999, and her criminal history, all of which were stipulated into evidence.

John T. Cooper, Ph.D., a clinical psychologist, testified on appellant’s behalf that it was premature to terminate her parental rights. Dr. Cooper explained that appellant suffers from schizoaffective disorder, which causes paranoia, delusions, hallucinations, and depression. However, Dr. Cooper testified, appellant had been misdiagnosed until September 1999 with bipolar disorder, and the correct diagnosis had not been explained to her. Therefore, he testified, she could not be blamed for refusing to take the wrong medication or to continue psychiatric treatment. Dr. Cooper described appellant as an “involved mother in tune with her children’s needs and wants.” He testified that with a proper education as to her diagnosis, as well as medication, therapy, and an alcohol abuse program, appellant could ultimately successfully parent her children. However, he admitted that it would take at least a year before appellant could resume custody.

Dr. Amy Holland, a psychiatrist, submitted a report concurring with Dr. Cooper’s findings. Dr. Holland concluded that appellant could be reunited with her children “if close supervision is in place and if she remains in ongoing psychiatric care.” However, we observe that Dr. Holland noted that in 1990, appellant had been diagnosed with schizophrenia and prescribed Trilafon, a medication she currently takes.

It does not appear that Dr. Cooper reviewed any of the medical records from appellant’s eight psychiatric hospitalizations. On the other hand, Dr. Jeffrey Pipe, a psychiatrist, reviewed the records of her month-long hospital stay in 1998. In a report dated September 1999, Dr. Pipe diagnosed appellant with schizoaffective disorder and stated that the illness caused disordered thinking, paranoid delusions, and manic/depressive episodes. Dr. Pipe explained that appellant “is vulnerable to paranoid ideation which escalates into delusional thinking” followed by “manic episode [s] during which she . . . becomes increasingly agitated and aggressive.” Dr. Pipe concluded that these episodes, which can last from “six months to years,” are likely to continue, and “during such episodes she is likely to compromise the welfare of her children. . . .” Finally, he stated: “In the unlikely event that [appellant’s] attitude [toward] her illness should change, strict compliance with a regimen of [medication] and individual therapy would . . . significantly improve her functioning.”

In December 1999, two months after Dr.

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Bluebook (online)
546 S.E.2d 319, 248 Ga. App. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-a-l-e-gactapp-2001.