In the Interest of D. W.

668 S.E.2d 533, 294 Ga. App. 89, 8 Fulton County D. Rep. 3291, 2008 Ga. App. LEXIS 1111
Court of Appeals of Georgia·Decided October 17, 2008·No. A08A0899·Published·Cited by 39 cases

Opinion

RUFFIN, Presiding Judge.

The mother of ten-year-old D. W appeals the juvenile court’s order terminating her parental rights, contending that the evidence was insufficient to support the termination. For reasons that follow, we disagree and affirm.

On appeal, we must determine whether, after reviewing the evidence in a light most favorable to the lower court’s judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court’s fact-finding and affirm unless the appellate standard is not met.1

Viewed as such, the evidence shows that the juvenile court placed D. W in shelter care on February 28, 2006, finding that the mother’s whereabouts were unknown, and that the father, who had tested positive for methamphetamine, had not legitimated the child. Following the 72-hour hearing, the juvenile court placed temporary custody of the child with the Douglas County Department of Family and Children Services (the “Department”).

[90]*90On July 28, 2006, the juvenile court adjudicated D. W to be a deprived child. That order was not appealed. The juvenile court found that the mother: was then incarcerated; appeared once on the case; submitted to a single drug screen, which was positive for methamphetamine; had a history of issues of substance abuse and mental health for which she was not receiving treatment; and failed to obtain housing or employment.

The juvenile court incorporated the reunification case plan, initially filed March 20, 2006, into the adjudication order. Pursuant to the case plan, the mother was required to refrain from the use of illegal drugs and alcohol, obtain a substance abuse assessment, submit to random drug and alcohol screens, complete a psychological evaluation and follow all recommendations of that evaluation, attend parenting classes, obtain and maintain employment and provide verification upon request, and obtain and maintain housing sufficient to meet her needs and the needs of the child, among other things.

In an order upon judicial review dated August 30, 2006, the juvenile court found that the mother was still incarcerated and ordered her to attend the “SHARP” drug treatment program if she remained in jail or a residential treatment program upon her release. The mother subsequently agreed to a second reunification case plan, dated September 19, 2006. Her plan goals remained substantially the same as her initial case plan.

The Department filed a petition to terminate the parental rights of both parents on May 21, 2007. At the termination hearing, which was held on July 18, 2007, and October 9, 2007, the mother testified that when D. W was placed in Department custody, the child had not been in her care for five years. During that period, the child lived with his maternal grandmother and maternal great-grandmother due to what the mother described as her “drug problem” with methamphetamine and marijuana. The mother admitted that she had been in jail for seven-and-a-half months of the previous fifteen months. She attended two or three SHARP treatment classes while she was in the Douglas County jail and some other “little classes” while she was in the Carroll County jail. She did not successfully complete the SHARP program.

While not in jail, the mother tried to enter the Mothers Making a Change program, but, according to the mother, she did not have any identification, which was a prerequisite to enrollment. At the time of the July 18, 2007 hearing, the mother was incarcerated in Cobb County for failure to appear to answer charges of giving false information, giving a false date of birth, and signing false statements. When the hearing was reconvened on October 9, 2007, the mother testified that she was scheduled to be released on October 30, [91]*912007, but conceded that Douglas County had placed two unresolved “holds” on her that might delay her release.

The child’s case manager testified that the mother had made “very little” progress on her case plan. The mother made no effort to meet with the manager following a March 2007 case plan meeting during which the mother refused to submit to a drug screen. She promised to go to the case manager’s office several other times, but she never appeared and the case manager was never able to secure a drug screen on the mother. The mother admitted to using marijuana “right before” her latest incarceration.

According to the mother, she worked for three months during the time she was not in jail, but she admitted that she had provided no proof of income to the Department or to the court. The mother completed a psychological evaluation, but when asked if she had followed the recommendations of that evaluation, the mother answered that she did not know what the recommendations were.2 As to her living conditions, the mother testified that when she was released from jail, she stayed a week with her grandmother, but then moved in with her boyfriend; there is no evidence showing that the mother secured a residence. She did not see or try to see D. W. after he came into the Department’s custody, in part because there was an order barring her from having contact with the child after she tested positive for methamphetamine.3 She did not pay any child support.

1. 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.4

[92]*92The mother contends that the Department failed to establish parental misconduct or inability by clear and convincing evidence. We disagree.

(a) The child is deprived. Because she failed to appeal the juvenile court’s order adjudicating D. W. to be a deprived child, and because the Department has demonstrated that the conditions upon which this finding was based still existed at the time of the hearing on the termination petition, this determination was binding on the mother.5

(b) The mother’s lack of proper parental care or control caused the deprivation. Evidence of the mother’s unrehabilitated drug use6 and her failure for a period of more than a year before filing of the termination petition to comply with her reunification case plan, pay child support, or maintain any parental bond with the child supported the juvenile court’s finding that D. W is without proper parental care or control.7

(c) The causes of the deprivation are likely to continue.

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In the Interest of D. W., 668 S.E.2d 533, 294 Ga. App. 89, 8 Fulton County D. Rep. 3291, 2008 Ga. App. LEXIS 1111 (Ga. Ct. App. 2008).

668 S.E.2d 533 (In the Interest of D. W.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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