In the Interest of D. P.

756 S.E.2d 207, 326 Ga. App. 101, 14 Fulton County D. Rep. 596
CourtCourt of Appeals of Georgia
DecidedMarch 11, 2014
DocketA13A2496
StatusPublished
Cited by5 cases

This text of 756 S.E.2d 207 (In the Interest of D. P.) 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 D. P., 756 S.E.2d 207, 326 Ga. App. 101, 14 Fulton County D. Rep. 596 (Ga. Ct. App. 2014).

Opinion

ELLINGTON, Presiding Judge.

The mother of four-year-old D. P. appeals from an order of the Juvenile Court of Coweta County that terminated her parental [102]*102rights.1 She contends that there was insufficient clear and convincing evidence to support the court’s conclusions that termination of her parental rights was authorized by her failure to complete certain requirements while her son was in foster care, that her son’s deprivation is likely to continue, and that he will suffer serious harm unless her parental rights are terminated. For the following reasons, we agree with these contentions and, as a result, reverse the juvenile court’s termination order.

Before terminating a parent’s rights, a juvenile court must employ a two-prong test. In the first prong, the court must decide whether there is present clear and convincing evidence of parental misconduct or inability. [Former] OCGA § 15-11-94 (a).[2] Parental misconduct or inability, in turn, is proven by evidence showing: (1) that the child is deprived; (2) that lack of proper parental care or control is the cause of deprivation[3] (3) that the cause of deprivation is likely to continue or will not likely be remedied; and (4) that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. [Former] OCGA § 15-11-94 (b) (4) (A). In the second prong of the termination test, the juvenile court must consider whether termination of parental rights would be in the best interest of the child[, after considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. [Former] OCGA § 15-11-94 (a).]

(Citation and punctuation omitted.) In the Interest of C. J. V., 323 Ga. App. 283, 283-284 (746 SE2d 783) (2013).

In reviewing a juvenile court’s decision to terminate parental rights, we view the evidence in the light most favorable to the juvenile court’s disposition and determine whether any rational trier of fact could have found by clear [103]*103and convincing evidence that the natural parent’s rights to custody should be terminated. In so doing, we do not weigh the evidence or determine the credibility of witnesses; rather, we defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met.

(Footnotes omitted.) In the Interest of T. L., 279 Ga. App. 7, 10 (630 SE2d 154) (2006).

Even so, in conducting our review, we must proceed

with the knowledge that there is no judicial determination which has more drastic significance than that of permanently severing a natural parent-child relationship. It must be scrutinized deliberately and exercised most cautiously. The right to raise one’s children is a fiercely guarded right in our society and law, and a right that should be infringed upon only under the most compelling circumstances.

(Citations and punctuation omitted.) In the Interest of C. J. V., 323 Ga. App. at 283. In fact, historically, this Court has made it clear

that a parent’s rights to his or her child will not be terminated without some required showing of parental unfitness, caused either by intentional or unintentional misconduct resulting in abuse or neglect of the child, or be what is tantamount to physical or mental incapability to care for the child.

(Citations and punctuation omitted.) In the Interest of H. L. T., 164 Ga. App. 517, 518 (298 SE2d 33) (1982).

Viewed in favor of the juvenile court’s judgment, the record shows the following relevant facts. In December 2010, when D. P. was about 17 months old, his 21-year-old mother contacted the Coweta County office of the Georgia Department of Human Services, Division of Family and Children Services (“the Department”) and asked for help because she was unemployed and homeless and had been unable to find a shelter that would accept both her and her son. A Department caseworker arranged for the mother and D. P. to stay in a relative’s home, but, five days later, the relative contacted the caseworker and notified her that the arrangement had to end because the child cried too much. Unable to find another relative placement for the mother and child, the Department placed D. P. in foster care. The Department created a reunification plan for the mother that required her to maintain stable employment for at least six months, [104]*104to maintain safe, clean, and stable housing for at least six months, and to participate in in-home counseling and parenting skills training.

According to the Department’s June 2011 report on the mother’s progress on her reunification plan, the mother “has been searching for employment and is in school.” Similarly, in a November 2011 report, the citizen’s review panel noted that the mother “is a full-time student [and] doing very well. She has been diligently looking for a job.”

Further, in a November 2011 report, the Coweta County Court Appointed Special Advocate (“CASA”) volunteer stated that the mother

is a loving mother who is young (22 years old) and trying to make a success of her life with little family or community support. [The mother] voluntarily brought her child into foster care. There was NO abuse, NO neglect, and NO drug use that required [the Department] to take this child for protection.

(Emphasis in original.) The report also noted that the mother had expressed that “she feels depressed and misses her son,” but had not yet received a referral from the Department for in-home counseling. Moreover, according to the CASA volunteer, some of the mother’s failure to complete her case plan goals

can be attributed to her lack of skills to procure a job [,] and[,] without a job[,] she is unable to obtain and maintain safe housing for herself and her child. [The mother] has applied to numerous jobs but has not been offered employment. [The mother] is working to change her life. She is currently a full time student with perfect attendance and an overall [grade point average] of 3.5. [Further, the mother] has maintained communication with her son throughout. She has been available for every parent-child visit and has provided food and items to the best of her ability.4

(Emphasis in original.)

In fact, it is undisputed that, while working with the Department on her reunification plan, the mother completed a full-time, eight-[105]*105month program to become a certified medical assistant. She was unahle to become certified, however, because she could not pay the separate $400 fee for the certification test5 or pay for transportation to the testing site.

Despite the mother’s documented progress on her reunification plan goals in the eight months after D. P.

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Cite This Page — Counsel Stack

Bluebook (online)
756 S.E.2d 207, 326 Ga. App. 101, 14 Fulton County D. Rep. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-d-p-gactapp-2014.