In the Interest of C. G.

749 S.E.2d 411, 324 Ga. App. 110
CourtCourt of Appeals of Georgia
DecidedOctober 4, 2013
DocketA13A0920
StatusPublished
Cited by3 cases

This text of 749 S.E.2d 411 (In the Interest of C. G.) 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. G., 749 S.E.2d 411, 324 Ga. App. 110 (Ga. Ct. App. 2013).

Opinion

McMillian, Judge.

The mother of C. G. and C. G. appeals the juvenile court’s termination of her parental rights.

On appeal from a juvenile court’s decision to terminate parental rights, we review the evidence in the light most favorable to the court’s decision and determine whether any rational trier of fact could have found by clear and convincing evidence that the parental rights should be terminated.

(Citation and punctuation omitted.) In the Interest of E. S. K., 299 Ga. App. 35, 35-36 (681 SE2d 705) (2009).

[111]*111The Department of Family and Children Services (DFACS) first took C. G. and C. G. into custody on April 29, 2011 when the mother was arrested and jailed on a charge of possession of methamphetamine, leaving the children without a custodian. The juvenile court’s initial detention order directed the mother to comply with drug screens as requested by DFACS. On July 7, 2011, the juvenile court issued an order finding that the children were deprived, citing the hearing testimony of an investigator for the Rockdale County Sheriff’s Department, as well as the mother’s testimony. According to the deprivation order, the investigator testified that during the execution of a search warrant on the mother’s residence, police discovered methamphetamine, marijuana, and drug-related items, including a pipe. The methamphetamine was found in a hat on a bed in the mother’s bedroom, within the children’s easy access. The mother told police that the children slept in the room. The mother initially admitted that the drugs were hers, but later denied it.

The deprivation order also indicates that the mother chose to testify at the deprivation hearing after being advised of her Fifth Amendment rights, and she admitted that she had used methamphetamine two weeks before being admitted to a hospital for a stillbirth, which was shortly before the execution of the search warrant. The mother admitted that she needed to “ ‘get herself together’ ” before getting her children back. She said that she had a difficult time staying away from drugs while she lived with her mother, who uses drugs. She acknowledged that her participation in a substance abuse program would play a large role in any determination as to whether her children would be returned to her. The deprivation order directed that DFACS discuss with the mother her options for substance abuse treatment.

A final disposition hearing was held on September 7, 2011, and in the juvenile court’s order dated September 12, 2011, the court found that the mother had done nothing to address her substance abuse since the children had been removed from her custody. The order reflects, however, that the mother may have, at least, moved from her mother’s house to avoid the easy access to illegal drugs she had previously described. The case manager said that she had discussed with the mother the need to obtain treatment for her substance abuse. On August 26, 2011, the mother met with the caseworker to discuss her case plan, and at that time tested positive for illegal drugs; however, the mother denied any drug use. She told the case manager that she was moving back into her mother’s home because her father asked her to “ ‘cop some dope.’ ” Although the case manager scheduled a meeting for August 29 to discuss the mother’s options for treatment and to go over an amended case plan, the [112]*112mother failed to appear for the meeting. On September 12, 2011, the trial court ordered, nunc pro tunc to September 7, that the mother had until September 21 to seek rehabilitation services or her reunification services would be terminated.

The mother apparently failed to seek substance abuse treatment, and on October 24, 2011, DFACS filed a motion to end the reunification plan. On December 5, 2011, following a hearing, the juvenile court granted that motion, ending DFACS’s reunification efforts. In that order, the juvenile court found that the mother had “consistently” tested positive for the presence of illegal drugs and had missed two appointments to discuss her entry into a substance abuse program since September 7, 2011. The order indicates that the mother met with the case manager on November 23, 2011, and reported that she was six months pregnant. The mother said that she did not need to be in inpatient treatment, but neither had she made any effort to seek outpatient treatment.

On December 23, 2011, the mother was re-incarcerated on the April drug charges. And on February 6, 2012, she pled guilty and was sentenced as a first offender to five years with two years to serve, which would be suspended upon her successful completion of a rehabilitation program and aftercare.

In the interim, DFACS prepared new, nonreunification case plans for the two children, and on April 23, 2012, DFACS filed a petition to terminate the mother’s parental rights.

At the subsequent termination hearing on August 29, 2012, one of the children’s former DFACS caseworkers1 testified that although the Department had provided the mother the necessary referrals, she had not started any rehabilitation program before her second incarceration in December 2011. She lacked stable housing and employment because she was incarcerated, but DFACS had received information indicating that the mother’s grandmother had offered the mother a place to live after she completed her sentence. The case manager had not contacted the grandmother, nor has she contacted the mother since her re-incarceration in December 2011. Thus, she had no knowledge of her financial circumstances. The case manager indicated that the children had been placed with friends of the family, and their home was being evaluated as a potential adoptive home.

The mother testified that she was on the waiting list to enter the Residential Substance-Abuse Treatment (RSAT) program sponsored by the Department of Corrections. Aprobation officer assigned to the [113]*113mother’s case described the RSAT program as an intensive six-month inpatient substance-abuse treatment program. The mother cannot have the children with her during this program because it is part of the prison system.

The probation officer further testified that following the mother’s successful completion of the program, she would be expected to participate in six months of probationary aftercare. During the first phase of aftercare, she would be required to meet with her probation officer every week, to submit to weekly drug tests and to attend at least two Narcotics Anonymous (NA) meetings every week. The mother would also see a counselor every other week, who would evaluate her and determine whether further treatment is indicated. During the second phase, her probation meetings and drug tests would scale back to every other week, but she would be required to attend three NA meetings per week instead of two. The program also includes field visits to the mother’s home every month. The caseworker indicated that DFACS would be satisfied with the treatment the mother would receive in the RSAT program and would consider her successful completion of the program as meeting the requirements of her case plan.

The probation officer indicated that the waiting list for this program was six months. At the time of the hearing, the mother had been on the list for five months, and she was slated to be the county’s next female prisoner to enter the program. He estimated that the program had an 80 percent success rate, which he defined as not relapsing during or after completing the program and aftercare.

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Related

In the Interest of S. M., a Child (Mother)
Court of Appeals of Georgia, 2023
In the Interest of D. P.
756 S.E.2d 207 (Court of Appeals of Georgia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
749 S.E.2d 411, 324 Ga. App. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-c-g-gactapp-2013.