In the Interest of K. D.

647 S.E.2d 360, 285 Ga. App. 673
CourtCourt of Appeals of Georgia
DecidedJune 5, 2007
DocketA07A0099
StatusPublished
Cited by14 cases

This text of 647 S.E.2d 360 (In the Interest of K. D.) 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 K. D., 647 S.E.2d 360, 285 Ga. App. 673 (Ga. Ct. App. 2007).

Opinion

Ellington, Judge.

The father of two-year-old K. D. appeals from the juvenile court’s termination of his parental rights.1 In several related enumerations of error, he complains that the trial court’s findings of fact were not supported by clear and convincing evidence. We disagree and affirm the court’s order.

[674]*674A termination of parental rights case involves a two-step analysis. First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: (1) the child is deprived; (2) the lack of proper parental care or control is the cause of the deprivation; (3) the cause of the deprivation is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. [OCGA § 15-11-94 (b) (4) (A) (i)-(iv).] If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. [OCGA § 15-11-94 (a).]
In reviewing a juvenile court’s decision to terminate parental rights, we view the evidence in the light most favorable to the juvenile court’s disposition and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody should be terminated. In so doing, we do not weigh the evidence or determine the credibility of witnesses; rather, we defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met.

(Footnotes omitted.) In the Interest of T. L., 279 Ga. App. 7, 10 (630 SE2d 154) (2006).

Viewed in favor of the juvenile court’s ruling, the evidence shows the following facts. When K. D. was born prematurely on June 20, 2004, he weighed less than four pounds and was considered “medically fragile.” At the time of K. D.’s birth, both the mother and the child’s putative father, the appellant herein, were 18 years old. The parents were not married, and the appellant was not listed as the father on K. D.’s birth certificate. When K. D. was five days old, the Lowndes County Department of Family and Children Services (the “Department”) obtained custody of K. D. pursuant to an emergency shelter care order, which was based upon a showing that the mother had no home or means of support and that she had already lost custody of another child due to neglect.2 According to two Department [675]*675employees, K. D.’s mother reported that K. D. had been born prematurely due to a domestic dispute between the mother and the appellant, during which the appellant pushed the mother down, causing her to go into early labor. The Department initially placed K. D. in a group home that specialized in caring for medically fragile infants, then placed him in a foster home a few months later.

On July 27, 2004, the court conducted a deprivation hearing, during which it found that neither the mother nor the appellant had a job or a stable home, the appellant was not paying child support, and the mother had already lost custody of her older child. As a result, the court found that K. D. was deprived and entered an order granting custody of K. D. to the Department. Although the appellant had not legitimated K. D., he attended the deprivation hearing. During that hearing, the court informed the appellant that he had to legitimate K. D. if he was interested in visiting with or obtaining custody of the child. According to a Department case manager, the appellant showed no interest in obtaining custody of K. D. at that point. The record shows that the appellant failed to legitimate K. D., register on the Putative Father Registry as a possible father of K. D., pay any child support, pay for the child’s health care, or pay the medical expenses associated with the child’s birth. A DNA test in October 2004 confirmed that the appellant was the biological father of K. D.

On January 26, 2005, the Superior Court of Lowndes County ordered the appellant to pay $179 per month in child support beginning March 1, 2005. Pursuant to the court’s order, the Office of Child Support Enforcement issued an income deduction order withholding the support payment from the appellant’s paychecks.3

On July 22, 2005, the Department filed a petition asking for a permanency hearing. During a hearing on the petition, the Department indicated that it intended to file a petition to terminate the parental rights to K. D. and put the child up for adoption. The court told the appellant that he had to legitimate K. D. within three months if he wanted to contest the petition.

In September 2005, when K. D. was 15 months old, the appellant for the first time expressed some interest in becoming involved in K. D.’s life and trying to obtain custody of the child. The appellant met with a Department case manager to discuss case plan requirements and legitimation of K. D. The case plan required the appellant to legitimate K. D.; maintain a clean and stable home; maintain employment; pay monthly child support; visit K. D. on a regular basis; [676]*676obtain furniture, a car seat, and other essentials for K. D.; participate in a psychological examination; obtain counseling; and complete parenting classes. The case plan also required the appellant and his fiancée, who had accompanied him to the September meeting, to undergo random drug screenings. During the meeting, the appellant’s fiancée asked the case manager if marijuana would show up on the drug tests, because the appellant liked to smoke marijuana “now and then.” The case manager told the appellant and his fiancée that marijuana would show up on the drug tests and reminded them that they had to remain free from any substance abuse for at least six months under the case plan.

The appellant filed a petition to legitimate K. D. on September 12, 2005, almost two months after the court told him to do so, and the legitimation order was entered on November 18, 2005. At that time, the Department arranged for the appellant to visit with K. D. for two hours every other week for supervised visitations. The Department provided transportation for the appellant and his fiancée from their home in Valdosta to Savannah, and the appellant visited with K. D. about six times between November 2005 and April 2006. According to the testimony of those who supervised the visits, K. D. would often cry uncontrollably during the visits. They described the visits as “very traumatic” to K. D. and testified that there was no bond between the appellant and K. D., who did not know the appellant was his father.

During a November 2005 unannounced home visit, a case manager found the living room of the appellant’s home empty except for a television, television stand, and computer chair, and there were no furnishings for K. D. The appellant’s fiancée told the manager that the rest of their furniture was being repaired; she also said that they were going to buy a bed for K. D.

On December 7, 2005, the Department filed a formal petition to terminate the parental rights to K. D. Even so, the Department continued to work with the appellant and his fiancée on the case plan and transported them to visitations with K. D.

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Bluebook (online)
647 S.E.2d 360, 285 Ga. App. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-k-d-gactapp-2007.