In the Interest of J. B.

545 S.E.2d 609, 248 Ga. App. 64, 2001 Fulton County D. Rep. 705, 2001 Ga. App. LEXIS 434
CourtCourt of Appeals of Georgia
DecidedFebruary 14, 2001
DocketA01A0679
StatusPublished

This text of 545 S.E.2d 609 (In the Interest of J. B.) 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 J. B., 545 S.E.2d 609, 248 Ga. App. 64, 2001 Fulton County D. Rep. 705, 2001 Ga. App. LEXIS 434 (Ga. Ct. App. 2001).

Opinion

Eldridge, Judge.

Both parents appeal the trial court’s October 2000 order terminating their parental rights to J. B. For the reasons discussed below, we affirm.

The standard of review of a juvenile court’s decision to terminate parental rights is whether, after reviewing the evidence in the light most favorable to the appellees, any rational trier of fact could have found by clear and convincing evidence that the parents’ right to custody of the children has been lost. In the Interest of E. C., 225 Ga. App. 12, 13 (482 SE2d 522) (1997). “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.” In the Interest of R. N., 224 Ga. App. 202 (480 SE2d 243) (1997); In the Interest of B. R, 207 Ga. App. 242, 244 (427 SE2d 593) (1993).

Viewed in this light, the evidence showed that J. B. was born in November 1992 and that the child is currently in foster home care and is subject to the continuing supervision of the Fulton County Department of Family & Children Services (“DFCS”) pursuant to court order. In October 1998, the court removed J. B., along with her sister R. B., from her parents’ custody. On March 15, 1999, the court determined that J. B. and R. B. were deprived based on the following: (1) R. B.’s allegation of the father’s sexual abuse; (2) criminal charges pending against the father; (3) the mother’s repeated denial of any such sexual abuse; (4) the need for intensive counseling for both parents; (5) the inability of the children’s temporary legal guardian and brother to provide a home, care, or support for the children; (6) the brother’s request that the DFCS remove the children from his home; and (7) the fact that reasonable efforts had been made to prevent the children from entering DFCS custody. The parents stipulated to this petition alleging deprivation.

Shortly after March 15, 1999, a case plan was instituted and given to the parents to reunite them with J. B. and R. B. This case plan enumerated four goals: (1) that the father attend a sexual offender treatment program; (2) that both parents continue with [65]*65individual and family counseling; (3) that both parents visit their children; and (4) that both parents pay child support. The goals were to be reassessed every six months based on the parents’ progress. In April 2000, the DFCS added the additional requirement that the father continue treatment in the sexual offender program and follow its recommendations.

On October 28, 1999, the trial court extended DFCS’ temporary legal custody for 12 months based on the court’s finding that J. B. continued to be a deprived child. The trial court found that J. B.’s parents had not ameliorated the previous conditions of deprivation and were failing to achieve all of the goals in the case plan. Specifically, the court determined that the father failed to complete appropriate counseling geared toward the alleged sexual abuse which related directly to the original removal of the children. Moreover, the criminal sexual abuse charges against the father were still pending. Further, the mother continued to deny any sexual abuse and chose to remain in the same residence with the father despite the allegations of sexual abuse. As such, the court reasoned at that time, there was risk of further abuse if J. B. were to be returned even to the mother’s custody.

On May 24, 2000, the Georgia Department of Human Resources, acting through the DFCS, filed a petition for termination of parental rights. The petition emphasized the aforementioned reasons and added that neither parent had contributed to the support or maintenance of the child and that the father had failed to attend and successfully complete a sexual offender treatment program as required by the instituted case plan. Finally, the DFCS argued that the mother failed to protect J. B.’s sibling from acts of sexual abuse, exposing J. B. to risk which substantiated a lack of proper parental care or control.

On September 12, 2000, the petition for termination was heard and concluded only as to J. B., in that R. B. was no longer a minor. The trial court heard evidence from a DFCS agent who was the case manager of J. B. and three therapists, one of whom was the Director of the Highland Institute for Behavioral Change. These witnesses had personal knowledge of the reunification plan ordered by the court and the parents’ failure to comply with the same. The most recent case plan and case review were tendered to the court without objection as evidence. JoAnn Dixon, the DFCS caseworker, testified that to her knowledge, no child support had been paid. She further stated that the father’s sexual offender treatment program was ongoing and had not been completed. Moreover, Dixon testified that the mother still maintains that no sexual abuse occurred. Lastly, Dixon testified as to returning J. B. to her parents that: “the agency feels that at this time, . . . we’re unable to determine if what has hap[66]*66pened previously with the other children and with the older sibling, who made the allegations, that this same type of behavior will not occur to her.” The Highland Institute Director testified that the father “showed all the characteristics that would give . . . concern that he was, in fact, a sexual offender.” She also testified that the father had made no progress through counseling and that J. B. would be at risk of sexual abuse if returned to the parents’ custody. Dr. Roys, the father’s therapist, testified that the father had made no progress over two months of treatment. On October 16, 2000, the court entered a termination order finding parental misconduct or inability within the meaning of OCGA § 15-11-94 (b) (4) in that the child is a “deprived child” as the term is defined in OCGA § 15-11-2. The order enumerated specific factual findings and conclusions of law in compliance with OCGA § 15-11-94. The parents appeal this termination order. Held:

In two enumerations of error, the parents challenge the sufficiency of the evidence, asserting that: (1) the evidence failed to demonstrate the parents’ present parental misconduct or inability or that any prior deprivation is likely to continue into the future and is unlikely to be remedied; and (2) termination was incorrect because the parents were not given the opportunity to comply with the reunification plan before termination proceedings were initiated. We disagree.

In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

OCGA § 15-11-94 (a).

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Bluebook (online)
545 S.E.2d 609, 248 Ga. App. 64, 2001 Fulton County D. Rep. 705, 2001 Ga. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-j-b-gactapp-2001.