In the Interest of K. L.

634 S.E.2d 870, 280 Ga. App. 773
CourtCourt of Appeals of Georgia
DecidedJuly 27, 2006
DocketA06A1563
StatusPublished

This text of 634 S.E.2d 870 (In the Interest of K. L.) 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. L., 634 S.E.2d 870, 280 Ga. App. 773 (Ga. Ct. App. 2006).

Opinion

Ellington, Judge.

In April 2005, the Juvenile Court of Gordon County terminated the parental rights of the mother of four-year-old K. L. and twenty-two-month-old J. M. D.1 The mother appeals, contending the juvenile court erred in finding that the children would be harmed by their continued deprivation. We disagree and affirm.

A 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 [774]*774the 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 this light, the record shows the following, relevant facts. K. L., a boy, was born in February 2001, and J. M. D., a girl, was born in June 2003. J. M. D. was born prematurely and had numerous health problems. She stayed in the hospital for three weeks and, when she was sent home, she was connected to an apnea monitor. On July 23, 2003, when J. M. D. had been home only a week, the Department of Family and Children Services (“DFACS”) visited the mother’s home to find out why J. M. D.’s apnea monitor was not operating properly. During the visit, DFACS found that the mother was not using the apnea monitor and that the home was “filthy,” unsafe, and unfit for the children, with trash and broken glass on the floor. DFACS also found unexplained bruises on two-year-old K. L.’s back. DFACS removed the children, but soon returned K. L. to the mother pending a hearing. Shortly thereafter, the mother and K. L. were evicted from their home and started living in local motels. Although DFACS provided assistance to the mother, in August 2003, DFACS discovered that the mother and K. L. were living in a motel with no food. On August 20, 2003, DFACS removed K. L. and placed him in foster care. Between August 2003 and the date of the termination hearing, DFACS established reunification plans and provided substantial support to the mother in an effort to reunite her with the children.

The record further shows that the mother failed to fulfill the requirements of reunification case plans and that she neglected or was unable to meet the mental, emotional, and medical needs of the children. The mother did not have a job and lived with her parents, [775]*775who were the payees of the mother’s monthly Social Security disability checks.2 The mother refused other offers of government assistance, such as food stamps and adult protective services. Although the mother had a history of abuse of amphetamine and methamphetamine and failed drug screens, she refused to get any drug treatment. There was also evidence of drug use by others in the home. In addition, the mother missed several appointments for psychological evaluations, refused to participate in counseling, repeatedly failed to meet with the therapist who came to her home to teach her proper parenting skills, and made only minimal progress in her parenting classes. The mother also missed 18 out of 49 scheduled visitations with the children. During many of the visitations, the mother was distracted, inattentive, and disinterested in the children. The children’s maternal grandmother usually attended visitation with the mother, and the two women sometimes became very hostile to one another and called each other names, such as “stupid” and “moron,” in front of the children. This hostility caused K. L. to try to hide in a corner or under a table.

The record also shows that the mother is mildly mentally retarded, with a verbal I.Q. of 66 and a performance score of 70. The mother admitted that she dropped out of school after the ninth grade because she did not want to get out of bed in the morning. According to a psychologist who examined the mother in December 2003, the mother had limited functional skills, had trouble managing her stress level and her reactions to life events, and relied on others to manage her day-to-day activities. The psychologist opined that the mother would have difficulty managing herself without the “significant assistance” of others and would not be able to take care of the children without that support.

In addition to evidence of the mother’s refusal or inability to fulfill the reunification requirements, the record also shows that the children have a variety of significant physical, mental, and emotional problems that require special care. K. L. suffers from, among other things, attention span difficulties, sleep disorders, extreme mood swings, anxiety, post-traumatic stress disorder, and possibly bi-polar disorder. When he was placed in foster care in 2003, he was “wild,” lacked basic skills, bit himself on the arms, and beat his head against the walls and floor. He exhibited unusual aggressiveness toward [776]*776other children and tortured small animals. At the time of the termination hearing, he was receiving counseling and occupational, physical, and speech therapy, and was on medication. Although K. L. has made good progress as a result of this treatment, one of his therapists testified that K. L. has a very strong need for security, control, and stability, and it is “crucial” for him to have a structured environment. The therapist also opined that K. L. would revert to his prior aggressive behaviors and that there would be an exacerbation of his mood instability without • continued treatment and a structured, secure environment. According to the therapist, it would be difficult for a mentally disabled parent to meet K. L.’s special needs, especially if the parent also used drugs, frequently missed appointments, had problems with anger management, and refused to cooperate with DFACS.

As for J. M. D., who was born prematurely, she has significant medical problems and frequently experiences seizures. The seizure disorder requires medication three times a day, physical therapy, and regular medical care. The child’s foster mother testified that she has to be careful about giving J. M. D. the seizure medicine because giving the child too much would be fatal.

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Bluebook (online)
634 S.E.2d 870, 280 Ga. App. 773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-k-l-gactapp-2006.