In the Interest of C. L. C.

626 S.E.2d 531, 277 Ga. App. 297
CourtCourt of Appeals of Georgia
DecidedJanuary 20, 2006
DocketA05A1657
StatusPublished
Cited by3 cases

This text of 626 S.E.2d 531 (In the Interest of C. L. C.) 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. L. C., 626 S.E.2d 531, 277 Ga. App. 297 (Ga. Ct. App. 2006).

Opinion

Adams, Judge.

Sam C., the father of C. L. C. and K. D. C., appeals the termination of his parental rights in the children. He challenges the sufficiency of the evidence and contends that termination of his parental rights is not in the best interests of the children. The mother, whose rights were also terminated, has not appealed.

On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines 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 the Interest of S. H., 251 Ga. App. 555 (1) (553 SE2d 849) (2001). “We do not weigh the evidence and must defer to the trial judge as the factfinder.” (Citation and punctuation omitted.) In the Interest of C. F., 251 Ga. App. 708 (555 SE2d 81) (2001).

So considered, the evidence shows that on February 11, 2003, C. L. C., age 13 at the time, reported to the school counselor that his father had been physically abusive and had used drugs. When the [298]*298child returned home, the Department of Family and Children Services (DFACS) was there, and he and his brother reported what had been happening. C. L. C. reported that his father was on drugs and that he hit his mother and him. He would push them down and pull their hair, hit them with hangers, and push them into things. At times it left marks. C. L. C.’s father had hit him with the buckle end of a belt. The father eventually pleaded guilty to one count of family violence/battery for striking C. L. C. on the face with his hand and his false teeth, which scratched the child on the cheek near his eye.

At the termination hearing, C. L. C., then age 15, testified that his mother, Kathy C., is a paraplegic and that both of his parents had told him that the injury occurred when his father shot his mother with a gun. When angry, his father had often said that he wished he had shot her in the head. The boy had seen his father be violent with his mother, including pulling her from her wheelchair and throwing her out the door. His father had threatened to kill other members of the family and once cut an uncle on the nose with a knife; the wound required stitches. C. L. C. had seen his father point a gun at a man. One day while he was in school, someone called in a bomb threat. Both of his parents told him that they were responsible.

C. L. C. also testified that he had seen both of his parents use methamphetamine and regularly use marijuana. He testified that they sold drugs as well, including methamphetamine, marijuana, and prescription drugs. The abuse and drug incidents had been occurring as long as he could remember. The child also told one professional that he lied on the stand in an earlier proceeding because his father threatened to kill him if he did not lie.

Several other witnesses testified that the father had a history of violence.

A 26-year-old woman named Chassidy, who is currently serving a life sentence for murder for shooting her aunt when she was 14 years old, testified that Sam C. was her father. Chassidy testified that Sam C. and her mother were once married, that he beat her mother, and that he beat her with the buckle end of a belt when she was about seven years old, which left bruises all over her body. Chassidy’s stepfather took pictures of the girl’s injuries at the time, and they were introduced into evidence. She testified that Sam C. admitted for the first nine or ten years of her life that she was his child, but he then began to deny it. At a point when Chassidy lived with Sam C. and Kathy C., she saw Sam beat Kathy and push her out of her wheelchair. She also testified that Sam C. has a history of drinking until becoming drunk and using drugs.

Sam C.’s mother testified that Sam had threatened to kill her in the past, including as recently as two months before the termination [299]*299hearing. Sam C. had also told her that he had once cut another man with a knife. He had also told her that he shot Kathy C.

Sam C. had threatened to kill his half-sister on many occasions, once as recently as one year prior to the hearing, and had threatened to burn her house down. At one point, her red car inexplicably caught fire two or three days after Sam C. told her that he would “fix [her] little red wagon.” Sam C. told his half-sister that he had caused his wife to be a paraplegic. His half-sister had seen him point his gun at many people. Finally, Sam C. took a warrant out for her arrest, alleging that she kidnapped the children at a time that they were in the care of DFACS.

Yet another witness testified that Sam C. used to brag that he shot Kathy C., causing her partial paralysis, and that Sam once set a fire in his own house after getting mad during a conversation.

Sam C. acted in a threatening manner toward a customer at his job only months before the termination hearing. He had acted in a threatening manner with one of C. L. C.’s teachers. He had harassed people involved with the case, including telling them that federal warrants were out on them, confronting them in public places and accusing them of lying and calling the police on professionals involved in the case who were merely doing their job. Sam C. told a social services caseworker that there were federal warrants out for his arrest, and he left numerous threatening phone messages for him. Sam C.’s actions have been characterized as intentional, belligerent, and very uncooperative. He told one caseworker that everyone involved was going to pay for what has happened to the boys. Finally, authorities had to move the children from their first placement to another location because the parents’ behavior caused concern about the safety of the staff and the other children.

The evidence also shows that the father failed to comply with the reunification plan, including the requirement that he submit to random drug tests despite five requests. Despite completing a parenting course, Sam C. has not demonstrated improved parenting skills. Certain family counseling was not completed. The children’s parents had not paid child support from March 2004 through the hearing, which took place in November and December 2004. They owed $2,227 at the time of the hearing. Sam C. also had an unclear recent employment history and had failed to provide requested check stubs to show stable employment as required by the plan.

The psychologist who examined the children six or seven times between September 2003 and September 2004 testified that C. L. C. told him essentially the same story that he testified to about his father’s abuse, anger, violence and drug use. The psychologist diagnosed C. L. C. with “adjustment disorder with anxiety and depression,” which he described as a nonsevere, temporary disruption of the [300]*300child’s emotional adjustment, but over the course of time C. L. C. improved to the point of being no longer depressed or anxious to a significant degree. But, despite this improvement, the psychologist did not believe the child was ready or willing to be reunited with his parents. Also, C. L. C. was fearful that if there was unsupervised visitation, his parents would try to manipulate him or run away with him; and he was fearful that he would be mistreated again, including that his father would continue to beat him. C. L. C. never wants to see his parents again, and he wanted the court to terminate his parents’ rights.

K. D. C.

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Related

In the Interest of C. S., a Child, (Father)
Court of Appeals of Georgia, 2020
In the INTEREST OF R. S. T., a Child.
812 S.E.2d 614 (Court of Appeals of Georgia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
626 S.E.2d 531, 277 Ga. App. 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-c-l-c-gactapp-2006.