In the Interest of J. H.

523 S.E.2d 374, 240 Ga. App. 309, 99 Fulton County D. Rep. 3721, 1999 Ga. App. LEXIS 1327
CourtCourt of Appeals of Georgia
DecidedOctober 7, 1999
DocketA99A1550, A99A1551
StatusPublished
Cited by8 cases

This text of 523 S.E.2d 374 (In the Interest of J. H.) 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. H., 523 S.E.2d 374, 240 Ga. App. 309, 99 Fulton County D. Rep. 3721, 1999 Ga. App. LEXIS 1327 (Ga. Ct. App. 1999).

Opinion

Eldridge, Judge.

Appellants individually challenge the sufficiency of the evidence in the December 1997 termination of their parental rights to their son, J. H. Their motions for new trial were denied by the Cobb County Juvenile Court, and they separately appeal. Because we find that the evidence supports the termination of their parental rights, we affirm.

The standard of review of a juvenile court’s decision to terminate parental rights is as follows: “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 [310]*310parent’s rights to custody have been lost.” (Citations and punctuation omitted.) In the Interest of E. C., 225 Ga. App. 12, 13 (482 SE2d 522) (1997). See also In the Interest of T. B. R., 224 Ga. App. 470, 472 (480 SE2d 901) (1997).

Under OCGA § 15-11-81 (a), the considerations for terminating parental rights involve a two-step process. The trial court must first determine whether there is present clear and convincing evidence of parental misconduct or inability. Such conduct or inability [shall] be proved by showing, inter alia, that (1) the child is deprived; (2) such deprivation is caused by the lack of proper parental care or control by the parent in question; (3) the 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.

(Citations and punctuation omitted.) In the Interest of E. C., supra at 14. See also OCGA § 15-11-81 (a), (b) (4) (A) (i)-(iv).

In determining whether there is a lack of “proper parental care [and] control,” the court may consider several factors, including the following:

(i) [a] medically verifiable deficiency of the parent’s physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; (ii) [e]xcessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (iii) [c]onviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) [e]gregious conduct or evidence of past egregious conduct of the parent toward the child ... of a physically, emotionally, or sexually cruel or abusive nature; [and] (v) [p]hysical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child ... by the parent.

OCGA § 15-11-81 (b) (4) (B) (i)-(v). In addition to these factors, if the child is not in the custody of the parent whose rights are being terminated, the trial court shall consider whether the parent failed to make a bona fide attempt to communicate with the child; comply with court-ordered support of the child; or comply with a court-[311]*311ordered reunification plan for a period of at least one year prior to the termination proceeding. OCGA § 15-11-81 (b) (4) (C) (i)-(iii).

Once the trial court establishes a lack of parental care and control, the second part of the test for determining whether parental rights should be terminated is whether such termination “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 § 15-11-81 (a).

In the Interest of E. C., supra at 14.

Case No. A99A1550

The evidence in this case was generated during several hearings in the fall of 1997. The transcripts of such hearings show that both appellants and at least 20 other witnesses appeared to testify1 regarding the termination petitions. Viewed in favor of upholding the termination, the evidence in this case showed that J. H. was born on November 8, 1990, and is the only child of the appellants, who separated in 1992 and divorced in 1993. Following the separation, the child lived with his mother.

The evidence included numerous allegations of the mother’s unrehabilitated drug abuse prior to and after the birth-of J. H. She was convicted of possession of methamphetamine and marijuana in 1995. A semi-automatic handgun and $1,853 in cash found near the drugs were confiscated and forfeited pursuant to OCGA § 16-13-49 (o) (4).

Witnesses described the mother’s demeanor as occasionally “bizarre,” and her lifestyle was characterized as “chaotic,” “nomadic” and “transient.” She would sometimes leave J. H. with a babysitter or her father, then disappear for days or weeks without explanation.

Despite the father’s long-term physical abuse of her and the child (see infra), she consistently exposed the child to such abuse. In 1992, the mother filed a family violence petition, alleging that the father abused her “over and over for 2 years.”

[312]*312In January 1996, the mother áttempted to drive around police officers who had stopped vehicles at a traffic intersection. Police officers noticed a small child sitting in her lap without any seatbelt or other restraint. As officers attempted to talk to her, she abruptly accelerated the car, forcing an officer to move out of the way to avoid being hit. J. H. recounted this incident during counseling sessions. The mother subsequently was indicted for aggravated assault.

Three months later, in April 1996, the child was taken into custody by the Cobb County Department of Family & Children Services (“DFCS”) after an employee of Sheraton Colony Square Hotel in Atlanta heard loud cries and suspicious noises coming from a hotel room. When the employee knocked on the door and received no response, he entered the room with a security pass key and discovered J. H., whose hands and feet were tied to the bed with telephone cords. The bonds were so tight that the child’s extremities were blue. The child had a large bleeding wound on his forehead and initially appeared to be dead. His eyes were swollen shut due to the mother’s placement of an unknown substance in them. The mother was hovering over the child in the hotel room and “was chanting to God and to Jesus . . . about the devil.” The child told police officers that his mother had sucked blood from his wound in order to get the devil out of him.

The mother was arrested and charged with cruelty to children in Fulton County. In December 1996, a psychiatrist determined that she was not competent at the time to stand trial on the charge.2

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Bluebook (online)
523 S.E.2d 374, 240 Ga. App. 309, 99 Fulton County D. Rep. 3721, 1999 Ga. App. LEXIS 1327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-j-h-gactapp-1999.