In the Interest of A. M.

578 S.E.2d 226, 259 Ga. App. 537, 2003 Ga. App. LEXIS 185
CourtCourt of Appeals of Georgia
DecidedFebruary 11, 2003
DocketA02A1696
StatusPublished
Cited by32 cases

This text of 578 S.E.2d 226 (In the Interest of A. M.) 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. M., 578 S.E.2d 226, 259 Ga. App. 537, 2003 Ga. App. LEXIS 185 (Ga. Ct. App. 2003).

Opinion

Adams, Judge.

The mother of A. M., B. M., and D. M. appeals from the termination of her parental rights. We affirm.

The record shows that the Houston County Department of Family and Children Services became involved with the children when a local hospital notified DFACS that 15-year-old A. M. had been diagnosed with pelvic inflammatory disease. A. M. reported that she had [538]*538been sexually assaulted by her mother’s boyfriend, Thomas McElroy. DFACS sought an order of deprivation after their initial investigation revealed that McElroy had fathered a child with the mother’s oldest daughter when she was a minor; that the mother was aware of this, but continued to allow McElroy contact with the family; and that A. M. had told her mother that McElroy had sex with her, but the mother told A. M. not to say anything about it. After A. M. reported her claim of abuse against McElroy, D. M. also reported that she had been molested and that her mother told her not to tell anyone. The trial court entered an order of deprivation, and the children were placed in DFACS’s temporary custody.

Although DFACS initially pursued a plan of reunification, it subsequently filed a motion to adopt a nonreunification case plan and a motion to cease visitation. At the hearing on these motions, Barbara West, the DFACS case manager assigned to the children’s case, testified. She stated that under the reunification case plan, the mother was required to obtain employment, to cease contact with McElroy, and to follow the recommendations of the family assessment report. West reported that although the mother was employed at one point in time, she no longer had a job; that she was still having contact with McElroy; and that she failed to follow the family assessment’s recommendations for counseling and therapy.

West also said that the children would become “out of sorts” after visits from their mother. Both A. M. and D. M. talked about committing suicide after visits, and B. M. had problems managing his anger. The children became especially upset after their mother tape-recorded a visit with them. West stated that the children were receiving individual and family counseling.

Sergeant Charles Bishop of the juvenile division of the Houston County Sheriff’s Department testified that a few weeks prior to the hearing, he received a tip that the mother was having contact with McElroy. Based upon that tip, he was able to videotape and observe the mother, her oldest daughter, the daughter’s child fathered by McElroy, McElroy, and others drive up together in a rental car to the mother’s van, which was parked in a parking lot. He saw McElroy remove some items from the car in which they arrived and place them in the mother’s van. McElroy was arrested at that time for violating the terms of his bond, which required him to have no contact with any children under the age of 18 and no contact with the mother’s family.

Bishop said that he asked the mother at that time why she was continuing her relationship with McElroy, and she replied that she was going to keep seeing McElroy and that it was all “a big mistake.” She told Bishop that he “needed to quit following her around and meddling in her business.” But at his request, she gave him a copy of [539]*539the audiotape she had made of a visit with her children. Bishop also testified that McElroy had pleaded guilty to a charge of statutory rape in connection with the charges involving A. M. and was in jail.

Beth Escalante, director of the group home where the children were staying, testified that after the mother telephoned A. M. on one occasion, A. M. came to them “very upset” saying that her mother had asked her to change her story regarding McElroy’s sexual abuse. A few days later D. M. began making self-abusive gestures and threatening to kill herself. A. M. also stated several times that she was going to kill herself.

Escalante stated that after that, the mother’s visits appeared to cause turmoil in the children for several weeks afterward. Escalante testified that although the children were glad to see their mother at the visits, when it was time for her to leave, they would argue among themselves. The mother also called on several occasions to say she was coming but never showed up, which upset the children. On the last visit, the mother had a tape recorder and told the children to answer her questions because the judge said they could come home if they did. The children became upset because they believed what their mother had told them, but yet they did not get to go home.

Escalante said that the' children were very well behaved for the most part' and usually very stable, until the visits occurred. Although the children appear to love and miss their mother, she said that they appear well adjusted when they do not see her. She testified that the children’s reaction to the mother’s visits was more severe than that of most children in her care following a parent’s visit.

The mother’s oldest daughter also testified that she had accompanied her mother each time she visited the children and that she had never heard her mother ask A. M. to change her story about the abuse. The oldest daughter’s fiancé testified that he was present at the meeting between the mother and McElroy. He stated that the mother had given McElroy the van, and that they had picked up McElroy that morning to take him to the van. He said that ás far as he knew that was the extent of the contact between the mother and McElroy.

At the close of the evidence, both the children’s guardian ad litem and their court-appointed special advocate recommended that the plan of nonreunification be approved. The trial court granted both motions.

A short time later DFACS petitioned to terminate the mother’s parental rights. The trial court held a separate hearing on the termination petition, but took judicial notice of the evidence introduced in connection with the prior motion regarding a plan of nonreunification. The trial court also vacated its prior order regarding nonreunifi[540]*540cation and consolidated the matter into a hearing on the termination petition.

Boyd Anderson, the marriage and family therapist who prepared the family assessment report in the case, testified that he had met with the mother and the children. He said that in his conversations with the mother, it became evident that she did not see anything inappropriate with her daughters having a sexual relationship with McElroy. The mother gave the impression that because her daughters had consented to the sexual relationship, she felt there was nothing wrong with it. He stated that this attitude exposed the children to a number of dangers, including pregnancy, emotional and physical trauma, sexually transmitted diseases, as well as psychological effects.

West testified again at the termination hearing. She reported that DFACS was attempting to find placement and had determined that no relatives could provide a suitable home. But she said that two families had expressed interest in adopting B. M. and D. M. A. M., who was 16, was scheduled for an independent living program that offers potentiál assistance until she is 21 years old. West testified that she had visited the children a few weeks before the hearing and that they were doing well in school. A. M. was receiving tutoring to assist her in her classes, and all three children were receiving individual and group therapy. West also stated that the mother had failed to pay the court-ordered child support payments.

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Bluebook (online)
578 S.E.2d 226, 259 Ga. App. 537, 2003 Ga. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-a-m-gactapp-2003.