In the Interest of J. V. J.

765 S.E.2d 389, 329 Ga. App. 421
CourtCourt of Appeals of Georgia
DecidedOctober 30, 2014
DocketA14A0943
StatusPublished
Cited by16 cases

This text of 765 S.E.2d 389 (In the Interest of J. V. J.) 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. V. J., 765 S.E.2d 389, 329 Ga. App. 421 (Ga. Ct. App. 2014).

Opinion

Dillard, Judge.

The mother of a minor child, J. V. J., appeals from an order of the Juvenile Court of Houston County terminating her parental rights and its subsequent denial of her motion for a new trial, arguing that the court lacked clear and convincing evidence to support its finding that the cause of her child’s deprivation was likely to continue. For the reasons set forth infra, we reverse.

Viewed in the light most favorable to the juvenile court’s findings,1 the evidence showed that J. V. J. was born on September 25, 2012, and was immediately removed from her mother’s custody by the Department of Family and Children Services (“the Department”) because her mother previously lost parental rights to three other children and had a history of instability and drug use. Nine months later, on June 26,2013, the juvenile court held a termination hearing, during which the mother admitted that she used crack cocaine two or three times per week for ten years. The mother contended, however, that her drug use ceased when she learned that she was pregnant with J. V. J. in March 2012.2 Further, the mother testified that she had no relationship with five of her six children, and that her parental rights as to three of those children were terminated.

The mother visited J. V. J. regularly since her birth and, even though the Department never provided her with a case plan, she independently decided to attend a 15-week parenting course, complete an outpatient substance-abuse program, earn her high-school [422]*422diploma, and enroll in college to become a medical assistant. Regarding her finances, the mother testified that she received a Pell Grant and student loans for school and, if J. V. J. were returned to her, that she could apply for temporary assistance for needy families. Further, the mother explained that she was trying to “get [her] life together and be a better mom” and, as she would be unable to have other children, she wanted to prove that she could care for J. V. J.

The evidence also shows that, although the mother had been unemployed for the last ten years,3 she had lived in the same apartment for approximately two years (since July 18, 2011). The mother’s boyfriend moved in with her shortly after J. V. J. was born, and he paid most of their living expenses. And while the mother and boyfriend knew that the boyfriend was not J. V. J.’s biological father, they nevertheless signed an acknowledgment of legitimacy, indicating that he was the father.

On September 27,2012, two days after J. V. J.’s birth, the mother and her boyfriend tested positive for cocaine and, on May 21, 2013, the boyfriend tested positive a second time. Three weeks later, in June 2013, the boyfriend paid for an independent drug test and, this time, he tested negative for cocaine. The technician who administered the May test testified that the boyfriend’s positive drug test in May showed a low level of cocaine, indicating that “he was trying to quit” or “cut down some.” The evidence presented below further shows that, in March 2013, the boyfriend successfully completed a substance-abuse program.

The director of a women’s rehabilitation center testified that the mother had enrolled in an outpatient substance-abuse program. And while she had been noncompliant in the past, the mother had done “exceptionally well” in the program this time. Indeed, she ceased using drugs in October 2012, and since then, tested negative for drugs 32 times. Moreover, when the mother completed the program, she enrolled in a support group for recovering addicts and participated in every program the center offers, including a job-readiness program.

A case manager testified that the Department did not develop a case plan for J. V. J. and, in fact, did nothing to assist the mother or work toward reunification. The case manager had no contact whatsoever with the substance-abuse program, but she nevertheless confirmed that the mother had been drug-free for at least 90 days preceding May 2013, when she tested negative for drugs. And when the case manager supervised visits, she noticed that the mother [423]*423played with her child, bonded with her, and appeared to love her. Further, despite “transportation issues,” the mother never missed a scheduled supervised visit with her daughter. Additionally, J. V. J.’s Court Appointed Special Advocate (“CASA”) visited the mother’s home, which included a room with a baby bed, diapers, and baby clothes, and she found it pleasant, moderately furnished, and clean. And based on the home visit and her contact with J. V. J. and her mother, the CASA believed reunification was indeed an option and that the mother was able to care for the child.

J. V. J.’s foster mother testified that she adopted two of J. V. J.’s biological siblings, and that she and her husband desired to adopt J. V. J. as well. At the close of the hearing, J. V. J.’s guardian ad litem commended the mother, stating “[s]he’s managed to completely turn her life around and it’s very impressive.” Nonetheless, she agreed with the Department’s recommendation to terminate the mother’s parental rights based on her boyfriend’s “substance abuse issues.”

On August 8, 2013, the juvenile court terminated the mother’s parental rights. The court first found that the mother was not credible because she signed an acknowledgment falsely representing that her boyfriend was J. V. J.’s father. Moreover, the court determined that termination was warranted because the mother had a long history of chronic instability and drug abuse, and she lived with a man dependent upon cocaine. And noting that the mother’s parental rights to three of her other children were terminated, the court found that she was unstable regarding her ability to meet J. V. J.’s needs, and that no evidence suggested she would ever develop that ability. The court was also adamant that J. V. J. “CANNOT live with... [the mother’s boyfriend].” Finally, the court concluded that it was in J. V. J.’s best interests to terminate her mother’s parental rights because “it would be unspeakably inhumane to the child to remove her from the [foster] home.”

The mother then filed a motion for a new trial, arguing that the court lacked sufficient grounds for termination and that the Department failed to show instability. The court denied the motion, reiterating its initial findings. Thereafter, the mother filed an application for a discretionary appeal, which we granted. This appeal follows.

On appeal, the mother maintains that the juvenile court terminated her parental rights without clear and convincing evidence that the cause of J. V. J.’s deprivation, including the mother’s past drug use and current poverty, was likely to continue or will likely not be remedied. We agree.

At the outset, we note that on appeal from a termination order, “we view the evidence in the light most favorable to the juvenile court’s ruling and determine whether a rational trier of fact could [424]*424have found by clear and convincing evidence that the parent’s rights should have been terminated.”4 A juvenile court’s termination of parental rights involves a two-step process.5

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Bluebook (online)
765 S.E.2d 389, 329 Ga. App. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-j-v-j-gactapp-2014.