In the Interest of C. F.

555 S.E.2d 81, 251 Ga. App. 708
CourtCourt of Appeals of Georgia
DecidedOctober 3, 2001
DocketA01A2082
StatusPublished
Cited by45 cases

This text of 555 S.E.2d 81 (In the Interest of C. F.) 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. F., 555 S.E.2d 81, 251 Ga. App. 708 (Ga. Ct. App. 2001).

Opinion

Eldridge, Judge.

The father of C. F. and K. F. appeals from the December 8, 2001 order of the Juvenile Court of Cobb County terminating his parents rights* 1 contending that such order was not supported by clear ar‘ convincing proof. Finding no error, we affirm.

“On appeal, we must view the evidence in a light most favorab - to the juvenile court’s order and determine whether a rational trier ( fact could have found by clear and convincing evidence that the par ent’s rights should have been terminated. We do not weigh the evidence and must defer to the trial judge as the factfinder.” (Citation and punctuation omitted.) In the Interest of K. A. C., 229 Ga. App. 254, 255 (3) (493 SE2d 645) (1997).

Viewed in this light, the record shows that on November 21, 1997, the children were taken into custody by the Marietta Police due to the mother’s abuse of cocaine and the father’s inability to provide for the children because he was homeless and unemployed. At such time, C. E, a male, was seven years old, and K. E, a female, was three. The children were placed with a maternal aunt. Deprivation proceedings were commenced by the Department of Family & Children Services (“DFCS”). On January 13, 1998, the juvenile court [709]*709found that the children were deprived due to the mother’s abuse of cocaine, the father’s inability to provide for the children, the parents having been taken into custody by the Cobb County Sheriff’s Office on outstanding warrants, and the mother’s assertions that the father also abused drugs and had physically abused her. At the termination proceedings, both parents admitted to drug and alcohol abuse during the time period prior to the children’s removal. Temporary custody of the children was continued in the maternal aunt. The parents were ordered to complete drug and alcohol assessments and any recommended therapy.

On April 20, 1998, another hearing was held because the maternal aunt, due to health problems, could no longer care for the chilIren. At such time, the parents’ whereabouts were unknown. The . hildren were placed with their maternal great-grandmother. In ddition to drug and alcohol assessments and therapy, the parents were ordered to establish stable housing and employment.

On September 16, 1998, the mother was incarcerated for viola-ion of felony probation and sentenced to serve four months. In Octo>er 1998, the father entered Victory House, a faith-based housing, ork, and drug treatment program. On December 11, 1998, an order as entered allowing the father to have supervised visitation with le children at the Acworth Police Department. On March 1, 1999, e father was ordered to pay $112.50 instanter for child support and . the nineteenth day of each month to pay an additional sum of ,00. The $112.50 was paid by Victory House. Between March 1, 199, and November 8, 2000, the date of the termination proceeding, le father paid only $200-$250 toward his child support obligation.

Custody of the children continued in the great-grandmother. By August 19, 1999, the juvenile court was unable to determine where the mother was living. The father remained at Victory House. The great-grandmother had reported that C. F. was sexually and physically abusing his younger sister K. F. The children were separated, and C. F. was placed in foster care. K. F. remained with her great-grandmother. The whereabouts of the mother continued to be unknown until January 9, 2000, when she was reincarcerated for a felony probation violation. The mother testified that during such time period she was hiding to avoid arrest on the outstanding warrant. On February 1, 2000, the mother was sentenced to serve eighteen months of a five-year sentence.

Julie Medlin, Ph.D., a licensed psychologist, testified that she conducted court-ordered psychosexual evaluations of both children. During such evaluations, C. F. admitted sexually touching K. F. many times. C. F. stated that he had seen his parents having sex and had viewed pornographic movies and magazines. C. F. also indicated that K. F. had been sexually abused by the father. C. F. further stated that [710]*710“his father may have touched him sexually when he was a baby.” When Dr. Medlin prompted C. F. for more information, C. F. retracted this statement. However, later in the evaluation he said, “I think Dad did sexually abuse me.”

Dr. Medlin testified that K. F. reported that she had been sexually abused by both her father and C. F. K. F. however refused to elaborate on the sexual abuse by her father because “her great-grandmother would whup her.” Based on Dr. Medlin’s evaluation, on August 4, 2000, K. F. was removed from the great-grandmother’s home and her father’s visitation was suspended. Dr. Medlin further testified that a psychosexual evaluation was ordered on the father. While the father came to her facility on July 13, 2000, and completed a portion of the test, he did not return for the remainder of the test despite several telephone calls to him to do so.

Virginia Goldstein, a licensed social worker testified that starting in March 1999, she provided weekly in-home counseling to the children. During these counseling sessions, K. F. often focused on domestic violence and abuse and worried about not being able to protect her mother from abuse by the father. At the termination hearing, both parents admitted domestic violence had occurred while they were living together. The mother testified that she had initially moved to Georgia with the two children because of the mental, verbal, and physical abuse directed at her by the father. K. F. also reported to Goldstein that she had observed her parents having sex. K. F. additionally stated to Goldstein that her father had stripped her of her clothing and stared at her and that, when she was in the bathroom while her father bathed, she rubbed her father’s back, buttocks, and “front privates.” K. F. also told Goldstein that she had been sexually abused by C. F. C. F. also reported to Goldstein that he had observed sexual acts between his parents and that he had viewed sexual materials (a magazine and a movie) while visiting relatives in New York. C. F. admitted to Goldstein that he had been involved in sexual behavior with K. F.

K. F.’s current foster mother testified that K. F. had been living in her home since the end of July 2000. The foster mother testified that about three weeks after K. F.’s arrival, she once observed K. F. engaged in inappropriate sexual behavior with another female foster child placed in her home. In addition the foster mother testified that, when K. F. first began residing in her home, she was prone to temper tantrums, had problems in school, and needed a lot of attention, but that K. F.’s attitude and school performance had improved recently. Jennifer Hagood, K. F.’s kindergarten teacher, also testified that K. F. had temper tantrums and that K. F. would curl up on the floor in a ball and scream, which was completely out of the norm.

Rebecca Eads, a DFCS caseworker, testified that the children’s [711]*711mother told her that K. F. had walked into the room while she and the father were having sex and that the father refused to stop and stated “that was how his children should learn.” Eads testified that the mother denied that C. F. had ever been in the room when they were having sex, but stated that C. F. had been exposed to “sexual videos” when he was at a friend’s house.

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Bluebook (online)
555 S.E.2d 81, 251 Ga. App. 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-c-f-gactapp-2001.