In the Interest of C. E. Jr., a Child (Mother)

CourtCourt of Appeals of Georgia
DecidedFebruary 2, 2023
DocketA22A1237
StatusPublished

This text of In the Interest of C. E. Jr., a Child (Mother) (In the Interest of C. E. Jr., a Child (Mother)) 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 C. E. Jr., a Child (Mother), (Ga. Ct. App. 2023).

Opinion

FOURTH DIVISION DILLARD, P. J., MERCIER and MARKLE, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

February 2, 2023

In the Court of Appeals of Georgia A22A1237. IN THE INTEREST OF C. E. JR., a child.

MARKLE, Judge.

In October 2020, the juvenile court found then-11-year-old C. E., Jr.

delinquent, removed him from his parents’ custody, and placed him with his maternal

aunt. The juvenile court later found that the child could not be returned to his parents’

custody because he was dependent due to educational neglect, lack of proper

supervision, and unstable housing. The mother now appeals, raising various errors at

the preliminary protective hearing (PPH) and the subsequent adjudication hearing,

and arguing that there was a lack of clear and convincing evidence to support the

juvenile court’s finding of dependency. For the reasons that follow, we affirm.

“On appeal from an adjudication of dependency, we review the evidence in the

light most favorable to the juvenile court’s judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the

children are dependent.” (Citations and punctuation omitted.) In the Interest of H. B.,

346 Ga. App. 163 (816 SE2d 313) (2018); see also In the Interest of K., 353 Ga. App.

855, 857-858 (840 SE2d 76) (2020). “[U]nder Georgia law, clear and convincing

evidence is an intermediate standard of proof which is greater than the preponderance

of the evidence standard ordinarily employed in civil proceedings, but less than the

reasonable doubt standard applicable in criminal proceedings.” (Citations and

punctuation omitted.) In the Interest of K. M., 344 Ga. App. 838, 847 (2) (811 SE2d

505) (2018).

So viewed, the record shows that early one morning in October 2020, police

detained several boys who were caught damaging store windows. C. E. admitted his

involvement and that he was not enrolled in school, and he was held as a delinquent.

As a result, the juvenile court ordered him removed from his parents’ home and

placed in shelter care. A few days later, the juvenile court held a PPH,1 at which the

1 Under OCGA § 15-11-146 (a), the juvenile court must hold a preliminary protective hearing to “determine: (1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition.” If the juvenile court determines that there is probable cause, it may remove the child from the parent’s custody and place him or her in the custody of DFCS or another adult family member if it finds that “Continuation in his or her home would be contrary to

2 Division of Family and Children Services (DFCS) investigator testified that she met

with the parents after C. E. was held as a delinquent, and the mother agreed to enroll

C. E. in school within the next week. She met with the parents a second time after

learning of C. E.’s involvement in burglary of a store, and the mother admitted that

she was unaware the child had left the hotel in which they were staying. The

investigator opined that C. E. could be returned to the parents with conditions, such

as the use of an ankle monitor. The court concluded that there was probable cause to

find C. E. dependent due to educational neglect and lack of supervision, and that

returning him to his parents’ home would be contrary to his welfare.

DFCS then filed a dependency petition, citing educational neglect and other

possible instances of neglect that it might learn of during its investigation. The child

was placed in the custody of his aunt, and the parents were given unsupervised

daytime visitation.

Two months later, at an adjudication hearing, the parties informed the court

that the mother was willing to stipulate that C. E. was dependent and she agreed to

certain conditions that would allow C. E. to return to his parents. By this time, C. E.

such child’s welfare; or (2) Removal is in such child’s best interests.” OCGA § 15- 11-146 (c), (b) (3).

3 had been enrolled in school. After the court indicated its intent to accept the

stipulation, the probation officer expressed concerns that the mother had removed the

child from the aunt’s custody overnight without permission, and there was an

allegation that the father had been sexually involved with a minor boy. The attorneys

admitted that they were unaware of these concerns prior to reaching their agreement.

Due to these new allegations, the juvenile court explained that it was hesitant to

accept the stipulation, and it continued the hearing.

When the hearing reconvened a few days later, the mother argued that the

juvenile court could only consider educational neglect because that was the sole issue

listed in the dependency petition. The court explained that it was concerned that the

child lacked proper or adequate supervision. Because both the mother and DFCS

requested another continuance, however, the court again continued the dependency

hearing.

At the next hearing, the juvenile court took judicial notice of the prior orders

and other records, over the mother’s objection. The court then heard testimony from

a probation officer who had come in contact with a 16-year-old boy claiming that C.

E.’s father was his boyfriend and that he had been living in the hotel room with C.

E.’s family. The DFCS investigator also testified that she had spoken with the mother

4 when DFCS initially became involved in the case, and the mother refused to provide

any information about C. E.’s previous school enrollment. A week after the

investigator spoke with the mother, C. E. still had not been enrolled, but once the

child was placed with his aunt, the situation was remedied. Thus, the investigator

agreed that the issues of educational neglect had been resolved.

When the investigator began to testify about supervision concerns, the mother

objected on the ground that the dependency petition only identified educational

neglect. The court overruled the objection, noting that issues of inadequate

supervision had been discussed at the prior hearings, and there was no unfair surprise

to the parents. The investigator then explained that, the night C. E. had been caught

damaging store windows, the mother had been unaware C. E. was involved because

he had been spending the night with an unidentified friend who also lived in the hotel.

Based on the testimony, the juvenile court found C. E. dependent due to

educational neglect and lack of adequate supervision, and it then considered

additional testimony to determine the proper temporary disposition. A caseworker

from DFCS confirmed that the case plan was reunification, but she noted that the

father had been non-compliant in completing assessments, and the mother had

removed the child from the aunt’s care without permission. The case worker also

5 explained that she had been unable to evaluate the family’s living conditions, as the

parents had been living in at least three different hotels during the pendency of the

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