In the Interest of H. D. M.

527 S.E.2d 633, 241 Ga. App. 805, 2000 Fulton County D. Rep. 524, 2000 Ga. App. LEXIS 22
CourtCourt of Appeals of Georgia
DecidedJanuary 12, 2000
DocketA99A2498
StatusPublished
Cited by17 cases

This text of 527 S.E.2d 633 (In the Interest of H. D. M.) 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 H. D. M., 527 S.E.2d 633, 241 Ga. App. 805, 2000 Fulton County D. Rep. 524, 2000 Ga. App. LEXIS 22 (Ga. Ct. App. 2000).

Opinion

Ellington, Judge.

Appellant, the father of H. D. M., appeals from the juvenile court’s order terminating his parental rights. Appellant challenges the sufficiency of the evidence, venue, and the juvenile court’s consideration of certain evidence. Finding no error, we affirm.

1. The standard of review applicable to appellant’s challenge to the sufficiency of the evidence is “whether after reviewing the evidence in the light most favorable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost.” (Citations and punctuation.) In the Interest of A. C., 230 Ga. App. 395, 396 (1) (496 SE2d 752) (1998). “[W]e defer to the trial court’s factfinding and affirm unless the appellate standard is not met.” (Citations and punctuation omitted.) In the Interest of S. N. N., 230 Ga. App. 109 (495 SE2d 602) (1998).

OCGA § 15-11-81 (a) sets forth a two-step process to be used in termination of parental rights cases. First, the trial court determines “whether there is present clear and convincing evidence of parental misconduct or inability.” OCGA § 15-11-81 (a). Four factors must be present to establish parental misconduct or inability: (1) the child must be deprived; (2) the lack of proper parental care or control by the parent in question must cause the deprivation; (3) the cause of the deprivation must be likely to continue; and (4) continued deprivation must be likely to cause the child serious physical, mental, emotional, or moral harm. OCGA § 15-11-81 (b) (4) (A) (i)-(iv). If the trial court finds that these four factors exist, then in the second step the court determines whether termination of parental rights is in the best interest of the child. In the Interest of D. A. P., 234 Ga. App. 257, 259 (2) (506 SE2d 438) (1998).

[806]*806As to the first factor, we agree with the juvenile court’s determination that the child was deprived. Both the child and her mother tested positive for marijuana and methamphetamine when H. D. M. was bom on April 6, 1997. The child was judicially determined to be deprived and was taken into custody two days later. See In the Interest of A. W., 231 Ga. App. 770, 773 (501 SE2d 22) (1998); In the Interest of R. D. S. P., 230 Ga. App. 205, 206 (495 SE2d 867) (1998). Since no appeal was taken from the deprivation order, appellant is bound by the initial deprivation finding. In the Interest of L. H., 236 Ga. App. 132, 134 (1) (511 SE2d 253) (1999). Furthermore, appellant stipulated that the child was deprived. Therefore, the first factor is satisfied.

As to the second factor, we agree with the juvenile court’s determination that the child’s deprivation was caused by appellant’s lack of proper parental care or control. Appellant argues that the initial deprivation was attributable entirely to the mother’s actions, that is, ingesting drugs while pregnant, and not to his own parental misconduct or inability. In determining whether the child’s deprivation was caused by appellant’s lack of proper parental care or control, however, the juvenile court was authorized by statute to consider appellant’s actions following the original finding of deprivation. When the child is not in the custody of the parent whose rights are at issue, OCGA § 15-11-81 directs the trial court to consider whether the parent without justifiable cause failed significantly for a period of one year or longer (1) to communicate or make a bona fide attempt to communicate with the child in a meaningful, supportive, parental manner; (2) to provide for the care and support of the child; and (3) to comply with a court-ordered plan to reunite the child with the parent. OCGA § 15-11-81 (b) (4) (C).

At the emergency hearing held four days after the child’s birth, appellant, who was present and represented by counsel, was directed to take steps to legitimate the child. Appellant did not legitimate the child until she was six months old. Appellant visited the child five times in the first six months, before legitimation, and three times after legitimation. He last visited the child 11 months before the termination hearing. In the Interest of R. P., 216 Ga. App. 799, 802-803 (2) (456 SE2d 107) (1995). There is no evidence that appellant attempted to contact anyone to arrange additional visits. In the Interest of D. A. P., 234 Ga. App. at 259-260. In short, appellant demonstrated very little interest in H. D. M. during the year prior to the parental rights termination hearing.

The juvenile court was also authorized to consider in determining whether the child’s deprivation was caused by appellant’s lack of proper parental care or control whether appellant had a history of chronic unrehabilitated drug abuse which rendered him “incapable of [807]*807providing adequately for the physical, mental, emotional, or moral condition and needs of the child.” OCGA § 15-11-81 (b) (4) (B) (ii). In the Interest of K. W., 233 Ga. App. 140, 141-142 (2) (503 SE2d 394) (1998). The juvenile court found that appellant has a long history of drug abuse, and appellant offered no evidence to rebut that finding. Furthermore, he offered no evidence that he had complied with the treatment recommendations that were incorporated into the reunification plan.

Finally, lack of proper parental care or control can also be shown by a parent’s failure to complete the goals of a reunification plan. In the Interest of I. S., 238 Ga. App. 304, 308 (520 SE2d 470) (1999). There was ample evidence that appellant failed to complete most goals of the reunification plan. Based on appellant’s delayed legitimation of the child, his limited contacts with her, his history of drug abuse, and his failure to complete the goals of the reunification plan, there was clear and convincing evidence that H. D. M.’s deprivation was caused, in part, by appellant’s lack of proper parental care or control.

We also uphold the trial court’s finding that H. D. M.’s deprivation would likely continue if appellant retained parental rights. “In determining whether conditions of deprivation are likely to continue, the court may consider the past conduct of the parent.” In the Interest of R. D. S. P., 230 Ga. App. at 207. Although appellant asserts on appeal that he is a fit parent, he gave no testimony at trial and offered no evidence demonstrating an ability to maintain a drug-free lifestyle, to provide for his child’s material needs, and otherwise to provide proper parental care and control so that the previous deprivation would not continue.

Finally, the record supports the trial court’s conclusion that continued deprivation is likely to harm H. D. M. H. D. M. has spent her entire life in foster care and has formed no bond with appellant. “This evidence supports a finding that [H. D. M.] would suffer serious harm if returned to [appellant].” In the Interest of A. C., 230 Ga. App. at 398.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of M. R. B., a Child (Father)
Court of Appeals of Georgia, 2019
In re M. R. B.
829 S.E.2d 848 (Court of Appeals of Georgia, 2019)
Margaret Hamner v. James E. Turpen, Jr.
Court of Appeals of Georgia, 2013
Hamner v. Turpen
737 S.E.2d 721 (Court of Appeals of Georgia, 2013)
In the Interest of C. B.
706 S.E.2d 752 (Court of Appeals of Georgia, 2011)
In Re Cb
706 S.E.2d 752 (Court of Appeals of Georgia, 2011)
In the Interest of D. L. T. C.
684 S.E.2d 29 (Court of Appeals of Georgia, 2009)
In Re Dltc
684 S.E.2d 29 (Court of Appeals of Georgia, 2009)
In the Interest of D. R.
637 S.E.2d 154 (Court of Appeals of Georgia, 2006)
In the Interest of J. D.
635 S.E.2d 226 (Court of Appeals of Georgia, 2006)
In Re Jd
635 S.E.2d 226 (Court of Appeals of Georgia, 2006)
In the Interest of L. G.
615 S.E.2d 551 (Court of Appeals of Georgia, 2005)
In Re Lg
615 S.E.2d 551 (Court of Appeals of Georgia, 2005)
In the Interest of A. K.
612 S.E.2d 581 (Court of Appeals of Georgia, 2005)
In Re Ak
612 S.E.2d 581 (Court of Appeals of Georgia, 2005)
Bixby v. State
561 S.E.2d 870 (Court of Appeals of Georgia, 2002)
In Re Hdm
527 S.E.2d 633 (Court of Appeals of Georgia, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
527 S.E.2d 633, 241 Ga. App. 805, 2000 Fulton County D. Rep. 524, 2000 Ga. App. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-h-d-m-gactapp-2000.