In the Interest of D. P.

651 S.E.2d 110, 287 Ga. App. 168
Court of Appeals of Georgia·Decided August 9, 2007·No. A07A1257·Published·Cited by 12 cases

Opinion

Mikell, Judge.

The Murray County Department of Family and Children Services (the “Department”) filed a petition to terminate the parental rights of E. P. and T. P. to their three-year-old daughter D. P. The juvenile court granted the petition following a hearing. Only the mother, T. P, appeals. We affirm.

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 biological parent’s rights to custody have been lost. We do not weigh the evidence or determine the credibility of witnesses, but defer to the [juvenile] court’s factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.1

Properly viewed, the evidence shows that the mother had five children, none of whom was in her custody. On August 26, 2005, the juvenile court granted the Department immediate ex parte custody of D. P. and another child, G. H., due primarily to the mother’s abuse of methamphetamine. Pursuant to an order entered on October 25, 2005, the court declared the children deprived, awarded custody of G. H. to his father, and granted temporary custody of D. P. to the Department. The mother failed a number of drug screens, and the Department filed a petition to terminate her parental rights to D. P. on August 17, 2006. A permanency order was entered five days later, changing the plan from reunification to adoption following termination of parental rights.

At the termination hearing, which was held on October 17, 2006, the mother testified that her four other children were aged eighteen, sixteen, fourteen, and seven; that the eldest had been adopted at birth by appellant’s mother; that the second child had been in her father’s custody since she was one year old; that the third child had been in her father’s custody since she was four, and appellant had not seen her since she was seven; and that the fourth child, G. H., was in the Department’s custody. The mother further testified that she has been diagnosed with bipolar disorder and schizophrenia and that she receives $681.33 per month in disability payments due to her mental illness. At the time of the hearing, she was preparing to divorce D. P.’s father, who seriously abused her. The mother was living with her [169]*169current boyfriend; her previous boyfriend was an alcoholic. She testified that she needed to get away from the alcohol because she had been a “terrible alcoholic” while growing up. The mother was arrested for being drunk and disorderly during a fireworks display on July 2, 2006. She admitted that she has abused methamphetamine, cocaine, and marijuana.

Missy Toney, a counselor who provided in-home services to the mother at the Department’s request, testified that she focused on the mother’s substance abuse problem after D. P. and G. H. were removed from the home; that the mother denied abusing drugs although she failed drug screens; that Toney explained to the mother how her drug use could impair her ability to parent; and that Toney’s services were discontinued in February 2006, because the mother continued to fail drug tests. Toney also testified, however, that the mother had completed parenting classes.

Maureen Etheredge, the director of Family Hope and the visitation center where D. P. and her mother have supervised visits, testified favorably for the mother. According to Etheredge, the child is very anxious to see her mother; they love each other; and they are bonded. Etheredge testified that the visits occur either weekly or every other week for two hours each, and that the mother had missed only two visits in the previous year. However, Etheredge also testified that on one occasion, the mother appeared to be under the influence of drugs, and Etheredge notified the Department.

Kelli Hicks, D. P.’s caseworker, testified that the Department developed a case plan for reunification with the mother. The plan required the mother to obtain a substance abuse assessment, which, in turn, recommended inpatient treatment. The plan also required the mother to complete parenting classes, obtain stable and suitable housing, and remain drug and alcohol free. The mother did not receive inpatient treatment for her substance abuse problem and did not cease using drugs. Hicks testified that the mother failed for two weeks to keep an appointment with a nurse at an inpatient facility to be screened for tuberculosis in order to determine her eligibility for the program. Hicks also testified that the mother had tested positive for either methamphetamine or marijuana eight times during the twelve months preceding the hearing, including on September 18, 2006. According to the mother, she was informed during her substance abuse assessment at a different facility that she could not receive inpatient treatment because she took a prescribed medication, Xanax. However, she admitted that she has failed to remain drug free, and she testified that she attempted to commit suicide four years earlier. Moreover, the mother testified that although she sees a psychiatrist twice a month, she does not discuss with him any problems related to her ability to care for D. P.

[170]*170Hicks testified that the child has been living in the same foster home since being removed from her mother’s custody, that she has bonded with the foster parents, that they have expressed a desire to adopt her, and that adoption is the current plan for the child. Hicks testified that the child cries her eyes out every time the foster parents leave her in the Department’s care.

The guardian ad litem expressed grave concerns about the mother’s methamphetamine abuse and its effect upon her ability to parent D. P. He recommended termination of her parental rights. The juvenile court issued an order terminating the rights of both parents, and the mother appeals, raising four enumerations of error.

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

1. Parental Misconduct or Inability. Applying the four factors set outinOCGA§ 15-11-94 (b) (4) (A) to this case, we find ample evidence to support the juvenile court’s finding of parental misconduct or inability. We address each of the relevant factors in turn, construing the evidence in the light most favorable to the juvenile court’s findings.

(a) Deprivation. Since the mother did not appeal the juvenile court’s orders finding the child deprived, she is bound by that finding for purposes of the termination hearing.3

(b) Lack of Parental Care or Control Caused the Deprivation.

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In the Interest of D. P., 651 S.E.2d 110, 287 Ga. App. 168 (Ga. Ct. App. 2007).

651 S.E.2d 110 (In the Interest of D. P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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