In the Interest of H. L. W.

493 S.E.2d 637, 229 Ga. App. 264, 97 Fulton County D. Rep. 4182, 1997 Ga. App. LEXIS 1379
CourtCourt of Appeals of Georgia
DecidedNovember 6, 1997
DocketA97A2358
StatusPublished
Cited by12 cases

This text of 493 S.E.2d 637 (In the Interest of H. L. W.) 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. L. W., 493 S.E.2d 637, 229 Ga. App. 264, 97 Fulton County D. Rep. 4182, 1997 Ga. App. LEXIS 1379 (Ga. Ct. App. 1997).

Opinion

Blackburn, Judge.

On April 11, 1995, the juvenile court entered an order finding that H. L. W. and K. A. W., the natural children of Sunny Wilson (their mother), were deprived and awarding temporary custody of the children to their paternal grandmother, Rachel Wilson. The grandparents subsequently petitioned to terminate the mother’s parental rights. A trial was held on March 26, 1997, following which the juvenile court entered an order terminating the mother’s parental rights and awarding permanent custody to the grandparents. The mother appeals this decision, claiming that the evidence was insufficient to support the termination.

“Pursuant to OCGA § 15-11-81 (a), a juvenile court deciding whether to terminate a parent’s rights employs a two-prong test, first determining whether there is ‘clear and convincing evidence of parental misconduct or inability.’ For purposes of this case, a finding of ‘parental misconduct or inability’ must rest on clear and convincing evidence showing: 1) that the child is deprived; 2) that the cause of the deprivation is a lack of proper parental care or control; 3) that the cause of the deprivation is likely to continue or will not likely be remedied; and 4) that the continued deprivation is likely to cause physical, mental, emotional, or moral harm to the child. OCGA § 15-11-8Í (b) (4) (A). If the first prong of the test is met, the trial court then considers whether the termination of parental rights is in the child’s best interests.” In the Interest of R. N., 224 Ga. App. 202 (480 SE2d 243) (1997).

“The question on appeal is 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 factfinding and affirm unless the appellate standard is not met.” (Citation and punctuation omitted.) Id.

On appeal, the mother does not contest the juvenile court’s findings that the children are deprived and that lack of proper parental care and control is the cause of the deprivation. However, she contends that there was not clear and convincing evidence that such deprivation was likely to continue or that it would cause serious harm to the children. She also contends that there was insufficient evidence that termination of her parental rights was in the children’s best interests.

The evidence was sufficient to authorize the court to find that the cause of the children’s deprivation was likely to continue. In its *265 April 11, 1995 deprivation order, the court found that the children were without proper parental care, that the mother had periodically abandoned the children to the care of their grandmother, that the mother abused cocaine, and that the mother had no visible means of support or a stable living arrangement. The court also found that the mother was involved in an abusive relationship with her boyfriend which had exposed the children to domestic violence. At one point, the boyfriend had pushed the mother and children out of a car at 4:00 a.m. on the side of Interstate 85, breaking the mother’s ankle and forcing the children to wait in the rain until a passing truck stopped. At the termination trial, there was evidence that Thomas beat the mother and “french kissed” one of the children.

In the deprivation order, the court ordered that the children were to have no contact with the boyfriend, Randy Thomas. Nevertheless, the evidence at the termination trial showed that a year and a half later, in October 1996, the mother attended several parenting classes with Thomas. When asked why Thomas was attending the classes, the mother told a DFCS caseworker that “he was probably going to be around the children if she got the children back.” The mother testified at trial that Thomas attended the classes because “he was going to be in my life with my children.”

The mother testified at trial that she no longer lived with Thomas. However, the court noted in its order that she had testified similarly at the March 1995 deprivation hearing, although she admitted at trial that she had in fact lived with Thomas through the summer of 1995. The mother testified that she lived with Thomas again from January 1996 until January 1997, at which time she and Thomas were arrested in a stolen vehicle on possession of cocaine charges. The children’s grandmother testified that the children continue to be afraid of Thomas. Given the mother’s prior false testimony, her continued association with Thomas after the court’s order that he have no contact with the children, her history of moving into and out of Thomas’ residence, and the fact that she was living with Thomas less than three months prior to trial, the court was authorized to disbelieve the mother’s claims that her relationship with Thomas was completely severed.

In addition to her relationship with Thomas, the record reveals that, prior to the termination hearing, the mother exhibited only intermittent interest in her children. After the deprivation hearing, the mother had no contact with the children or their grandparents from June 1, 1995 until late August 1995. Rachel Wilson testified that she did not know where the mother was during this time, and that the children were very upset by the mother’s disappearance and thought she was dead. During this period, the mother failed to appear at a citizen’s review panel meeting in June. The mother testi *266 fied that she was not notified of this meeting; however, she also testified that she had given the court her sister’s address for notice purposes, but that she did not tell her sister where she was staying because she was mad at her for testifying against her previously. The mother also failed to appear at a second citizen’s review panel meeting in December, telling the grandmother that she overslept.

On February 11, 1996, the mother failed to show up for K. A. W.’s birthday party, although she had said she was coming. She left presents for K. A. W. outside the grandparents’ house the next day, but did not come inside or speak to K. A. W. The mother had no further contact with the children or their grandparents until a citizen’s panel review meeting on March 20, 1996. At the meeting, the mother told the children she would , come see them at the grandparents’ house later that day, but did not show up. At the panel review meeting, visitation was scheduled for every Saturday. After showing up for such visitations on the first three Saturdays, the mother did not appear for any further Saturday visitations. She saw the children only two or three times from April 18, 1996 until August 14, 1996.

In August 1996, Diane Wickman, a parenting aide assigned by DFCS, began supervising visitation between the mother and the children on Monday afternoons. After several weeks of visitation, the mother failed to show up at the scheduled meeting place on October 28 and November 11, 1996. Wickman testified that the mother’s failure to show up caused the children to believe she must be dead.

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Cite This Page — Counsel Stack

Bluebook (online)
493 S.E.2d 637, 229 Ga. App. 264, 97 Fulton County D. Rep. 4182, 1997 Ga. App. LEXIS 1379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-h-l-w-gactapp-1997.