In the Interest of K. M.

522 S.E.2d 667, 240 Ga. App. 67
CourtCourt of Appeals of Georgia
DecidedSeptember 15, 1999
DocketA99A1632
StatusPublished
Cited by13 cases

This text of 522 S.E.2d 667 (In the Interest of K. M.) 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. M., 522 S.E.2d 667, 240 Ga. App. 67 (Ga. Ct. App. 1999).

Opinion

Eldridge, Judge.

Appellant appeals from a Spalding County Juvenile Court order which relieved the county Department of Family & Children Services (“DFCS”) from pursuing the reunification of the appellant with her four children. We affirm the trial court’s order.

In her sole enumeration of error, the appellant challenges the sufficiency of the evidence. In her brief to this Court, the appellant repeatedly refers to statutes and cases involving the termination of parental rights and, in so doing, contends that the State failed to prove that the causes of the children’s deprivation are likely to continue. See OCGA § 15-11-81 (b) (4) (A) (iii).

However, the applicable standard for determining whether the State may cease reunification efforts was codified in 1996. See Ga. L. 1996, pp. 474-480, § 1. Under OCGA § 15-11-41 (c), the State must submit a report to the trial court within 30 days after removing a child from the home. Such report must include either a reunification plan or “a statement of the factual basis or bases for determining that a plan for reunification is not appropriate.” OCGA § 15-11-41 (c); see also OCGA § 15-11-41 (g). In the latter circumstance, the trial court shall conduct a hearing within 30 days of the filing of the report to make a determination regarding reunification. OCGA § 15-11-41 (f). After hearing evidence, the trial court

shall determine by clear and convincing evidence whether reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification ser[68]*68vices, therefore, should not be provided or should be terminated.

OCGA § 15-11-41 (i).

However, if the trial court finds clear and convincing evidence of certain criteria, there shall be a presumption that reunification efforts should not be provided. OCGA § 15-11-41 (i). Such criteria include the following:

(1) [t]he parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) [the] child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; [or] (3) [a]ny of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81.

OCGA § 15-11-41 (i) (l)-(3). The grounds for termination of parental rights include, inter alia, a medically verifiable health deficiency which prevents the parent from adequately providing for the children’s needs; the excessive, unrehabilitated abuse of alcohol or drugs; the physical, mental, or emotional neglect of the children; or the failure to care or support the children as required by law or judicial decree. OCGA § 15-11-81 (b) (4) (B), (C).

In demonstrating that reunification was not appropriate in this case, the State showed that, in July 1998, the appellant was a 22-year-old unmarried woman with a tenth grade education and a negligible work history. The appellant had four children: K. M., a girl born in August 1992; twins, a girl and a boy with the same initials, B. M., bom in May 1995 (hereinafter “the twins”); and J. G. M. S., an infant boy born in August 1997. Collectively, the children suffer from a variety of health problems, including heart murmurs, asthma, chronic ear infections, anemia, and severe dental decay.

The three oldest children were placed in foster care in December 1995, due to physical abuse and medical neglect by the appellant. At that time, the children and the appellant were living in the maternal grandmother’s home. DFCS workers determined the home to be “unlivable” and unsafe for the children. The children subsequently were adjudicated deprived and placed in foster care.

DFCS developed a reunification plan for the appellant. As part of its reunification efforts, DFCS performed the following services for the family: provided cribs for the twins; arranged for extermination services; hauled debris from the yard; drained the septic tank; installed a carbon monoxide detector; replaced portions of the floor, steps, windows, and doors; and repaired the roof and heater. Food [69]*69vouchers were provided, and a community service worker was assigned to assist the appellant in caring for the house and preparing for reunification.

The children were returned to the appellant’s care in May 1996; the family still resided with the grandmother. However, a month later, the grandmother complained to DFCS that the appellant was not assisting in the care of the children. The grandmother reported that the appellant stayed out all night, brought her friends home to stay overnight in the children’s bedroom, and was “disruptive,” causing a “big problem” in the household. The appellant failed to take the' children for medical care, maintain employment, comply with her case plan, or participate in the state Peach employment training program. Because she was not participating in the Peach program, the family eventually lost its state medical, financial, and nutritional program benefits. The grandmother was unable to afford medication for the children and contacted DFCS for additional assistance, including the placement of the children in foster care. On July 25, 1996, on motion by DFCS, the juvenile court ordered the appellant to move out of the grandmother’s home due to her failure to care for the children and her non-compliance with the DFCS plan, and so that the family could qualify for state benefits. The appellant was prohibited from returning without the court’s permission. The appellant formally lost custody of the children in January 1997, and custody was placed in the grandmother.

Soon thereafter, the appellant returned to the grandmother’s home because she was pregnant, unmarried, unemployed, and homeless. In August 1997, the appellant gave birth to a fourth child, J. G. M. S. DFCS sent a letter to the grandmother which notified her that the appellant’s presence was a violation of the grandmother’s DFCS case plan and again instructed the appellant to move out of the home.

A month later, in September 1997, DFCS received a call from a babysitter with whom the twins had been left for several hours. Neither the appellant nor the grandmother had returned to pick up the children, the babysitter did not know how to reach them, and she could no longer care for the children. Both children were hungry and “filthy”; had soiled diapers and severe diaper rash; had untreated, bleeding sores in their nostrils; multiple sores on their legs and feet; and bruises on their legs, arms, and noses. The female twin had a large, untreated scratch on her chest.

The older child, K.

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Bluebook (online)
522 S.E.2d 667, 240 Ga. App. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-k-m-gactapp-1999.