In the Interest of B. S.

664 S.E.2d 915, 292 Ga. App. 596, 2008 Fulton County D. Rep. 2437, 2008 Ga. App. LEXIS 823
CourtCourt of Appeals of Georgia
DecidedJuly 9, 2008
DocketA08A0228
StatusPublished
Cited by1 cases

This text of 664 S.E.2d 915 (In the Interest of B. S.) 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 B. S., 664 S.E.2d 915, 292 Ga. App. 596, 2008 Fulton County D. Rep. 2437, 2008 Ga. App. LEXIS 823 (Ga. Ct. App. 2008).

Opinion

Andrews, Judge.

The mother of B. S. appeals the juvenile court’s termination of her parental rights, challenging the sufficiency of the evidence. The mother also alleges that the tried court erred in terminating her [597]*597parental rights because the State failed to make reasonable efforts for a relative placement. After reviewing the record, we conclude there was no error and affirm.

In considering a challenge to the sufficiency of the evidence in a termination of parental rights case, the question is whether any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. In making that determination, this Court reviews the evidence in a light most favorable to the lower court’s judgments and we neither weigh evidence nor determine 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 R. S., 287 Ga. App. 228 (651 SE2d 156) (2007).

The criteria for terminating parental rights are well established:

First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper parental care or control is the cause of the deprivation; (3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home.

In the Interest of B. T, 291 Ga. App. 604, 607 (662 SE2d 656) (2008).

The evidence at the termination hearing, taken in the light most favorable to the judgment, was that the Department of Family and Children Services began its investigation of the mother when it received a report in January 2001 that the mother was using drugs, had unstable housing, and that another child was not attending school. The Department received five additional referrals regarding the family from November 6, 2001 through October 14, 2003, for matters including drug use by the mother, infrequent school attendance by another child, and unstable housing. On October 14, 2003, the mother was arrested for possession of methamphetamine; and B. S., who was present at the time of the arrest and was 11 days shy of her first birthday, was taken into custody by the Department.

The mother’s case plan required her to attend and complete a drug treatment program; submit to random drug screens; remain [598]*598drug and alcohol free for six consecutive months; visit with B. S.; pay child support; obtain and maintain employment and housing; attend and complete parenting classes; and “work cooperatively with [her] attorney and the court system” to resolve her criminal case.

On October 30, 2003, the juvenile court entered an order finding B. S. to be deprived.

On December 31, 2004, nunc pro tunc to October 6, 2004, the juvenile court entered an order finding that the mother had failed to make sufficient progress toward completion of her case plan, B. S. continued to be deprived, and B. S. should continue in the Department’s custody. The mother stipulated to the factual findings in the order. On December 15, 2004, the juvenile court entered another order, finding that B. S. remained deprived and should remain in the Department’s custody and that a concurrent plan of reunification and nonreunification, “specifically, termination and adoption,” was appropriate. The mother stipulated to the factual findings in this order as well. On March 2, 2005, the Department filed a petition to terminate the mother’s parental rights to B. S.

At the hearing on the termination petition, the State’s witnesses testified that the mother was referred to a facility for a drug assessment in December 2003. The mother attended a few sessions, but was discharged for noncompliance after she missed multiple appointments. She was then referred to a separate counseling facility, where she began attending therapy sessions in May 2004; however, her attendance was irregular. The facility ultimately recommended that the mother attend an intensive “Methamphetamine Program.” In September 2004, the mother missed three drug screens scheduled by the department.

The mother was arrested again on January 6, 2005, for possession of methamphetamine. She remained in jail until June 11, 2005, when she went directly into an intensive residential drug treatment program — the “Women’s Outreach Program” — pursuant to court order.

At this facility, the mother attended therapy sessions, addiction education classes, parenting classes, and Narcotics Anonymous (“NA”) or Alcoholics Anonymous (“AA”) meetings, and successfully completed a nine-week work readiness program at a nearby technical school. She was discharged from the residential program and moved into an apartment shortly before the termination hearing.

According to her counselor, the mother attended treatment for five hours per day on an outpatient basis. Her counselor testified that the mother “had a lot of trouble” finding a job, probably due to “her legal charges,” which remained unresolved.

[599]*599Although the mother’s father made a partial payment toward her child support obligation, the mother owed approximately $500 in child support at the time of the termination hearing,

According to the caseworker, B. S. “has bonded well” with her foster family, who wished to adopt her. The foster mother testified that B. S. was initially “very clingy” and did not know her own name. At the time of the hearing — approximately nine months after her placement with the foster family — B. S.’s “tantrums [had] stopped. . . . She seems very calm and very happy, [and] very attached to her foster sister, who is twelve.” According to the foster mother, she had no concerns about B. S.’s reaction after her visits with her mother beginning in June 2005, but said that the child was “clingy” after the two visits preceding the termination hearing.

The mother testified that she had used illegal drugs for 15 years. But, she stated that after her stay at the treatment facility, she understands her addiction and intends to work toward remaining drug-free and being able to take care of her child.

The guardian ad litem recommended termination, explaining that the mother’s improvements occurred only after the Department filed the termination petition and the mother was arrested and required to attend a drug treatment program.

Following the hearing, the juvenile court issued an order terminating the mother’s parental rights, noting that:

The mother, much to her credit, has made great progress in resolving some significant personal issues. But .. . the mother’s history of substance abuse is lengthy. The period of sobriety is nominal in contrast, and has taken place under the controlled circumstances of incarceration . . . and inpatient treatment. . . . Moreover, her obtaining housing and employment are extremely recent developments, taking place during the course of the trial. Her felony methamphetamine indictment of 2005 is still pending, and presumably could result in her being incarcerated at any time she might relapse.

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Related

In Re Bs
664 S.E.2d 915 (Court of Appeals of Georgia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
664 S.E.2d 915, 292 Ga. App. 596, 2008 Fulton County D. Rep. 2437, 2008 Ga. App. LEXIS 823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-b-s-gactapp-2008.