In the Interest of K. N.

611 S.E.2d 713, 272 Ga. App. 45
CourtCourt of Appeals of Georgia
DecidedMarch 8, 2005
DocketA04A1820
StatusPublished
Cited by40 cases

This text of 611 S.E.2d 713 (In the Interest of K. N.) 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. N., 611 S.E.2d 713, 272 Ga. App. 45 (Ga. Ct. App. 2005).

Opinion

Adams, Judge.

The mother of K. N. appeals from the juvenile court’s order terminating her parental rights. We affirm.

In considering the mother’s appeal, 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 mother’s right to custody should have been terminated. We neither weigh the evidence nor determine the credibility of any witnesses, but instead defer to the juvenile court’s findings of fact. In the Interest of J. G. J. P., 268 Ga. App. 614 (602 SE2d 320) (2004).

Viewed in that light, the record shows that K. N. was taken into protective custody on December 2, 2001, when he was three days old and still at the Floyd Medical Center with his mother. K. N. was removed from the mother because of her HIV status and history of not caring for her own medical needs as well as the mother’s perceived inability to care for the child due to her low mental functioning. At the time, the mother’s three other children were in the custody of the Polk County Department of Family and Children Services, who had reported that she was not cooperating with her court-ordered case plan. In addition, authorities had received reports of domestic violence between the mother and her boyfriend, who also was K. N.’s putative father.

The juvenile court subsequently granted the Floyd County Department of Family and Children Services (“DFACS”) temporary legal custody of K. N. in an Order for Shelter Care based upon the reports of domestic violence, the mother’s “low I. Q.” and her failure to cooperate with the Polk County case plan relating to her other three children. And the court subsequently entered an order of deprivation with regard to K. N. on March 26, 2002, based upon the economic instability of the home, domestic violence, poor parenting skills of the parent, and the father’s failure to provide custody, control, or support for the child, which order was not appealed.

[46]*46DFACS filed a petition to terminate the mother’s parental rights to K. N. on April 24, 2003, and the hearing on the matter was held in August of that year. Stephanie Martin, the DFACS case manager assigned to K. N.’s case in April 2002, testified that she understood that the child had come into DFACS custody due to the mother’s instability with regard to her three older children and her inability to care for K. N. in light of his possible HIV status, her mental health, needs, and the domestic violence. And she explained that since K. N. had been in DFACS care, he had developed additional medical problems that were more serious than the HIV alone.

Martin testified that the mother’s case plans required her to: (1) cooperate with DFACS; (2) maintain a parent-child bond with K. N.; (3) maintain stable employment; (4) maintain a stable home; (5) ensure that her emotional health needs were met; and (6) ensure that her medical health needs were met. With regard to the parent-child bond, the case manager testified that visitation was originally scheduled at the DFACS office in Rome on a weekly basis. The mother provided her own transportation. Out of 84 scheduled visits, the mother made only 36 of them. Seven of the visits were missed because the child was sick or DFACS was unable to facilitate the visit. And although DFACS made efforts to accommodate the mother’s work schedule, the remaining 41 visits were missed because the mother failed to attend. DFACS subsequently arranged through an outside provider for visitation and wraparound services, under which the provider would retrieve the child from his foster home in Gordon County and take him to his mother’s home in Polk County for visits. Those services began in July 2003, one month before the hearing and the mother had attended two of these visits.

Martin further testified that she had concerns about the quality of the visits attended by the mother. She observed that on several occasions, the child appeared terrified to be left alone with the mother or the putative father. He would cry when dropped off by his foster mother, and would not willingly go to either of his parents, despite being prompted to do so. Beginning in January or February 2003, Martin observed that K. N. would cling to her or the DFACS intern and would scream “at the top of his lungs” “almost every time” they left the room, leaving him alone with a parent. In contrast, she has observed that K. N. appears very calm and playful when he is around his foster mother and appears very attached to her.

Martin testified that she had referred the mother to parenting classes four times, most recently in June 2003, but the mother never demonstrated that she had attended any of these classes or that she had completed any such course. At the hearing, however, her attorney [47]*47presented evidence that the mother had completed a six-week parenting course from the United Methodist Children’s Home, which was not one of the providers recommended by DFACS.

Martin testified that the mother had not met her case plan goal regarding her emotional health. Although Martin had made six referrals and set up a number of appointments for the mother, she did not begin her weekly therapy sessions until March 24, 2003, over fifteen months after K. N. was removed from her care. DFACS made a special payment arrangement for the mother’s therapy, which allowed her to pay only $5 per session, with DFACS assuming the rest of the cost. But in a letter to the case manager, the mother’s psychologist reported she had attended only seven out of fourteen scheduled sessions as of the date of the hearing, and thus had not completed her therapy.

The mother also failed to complete the case plan goal addressing her medical health needs. Martin said that she had discussed with the mother the importance of continuing her HIV treatment and following her doctor’s recommendations. But the mother had not provided documentation showing that she was visiting her doctor or that she was in compliance. Martin had also referred the mother to the Polk County Health Department and to Universal Precaution classes to help keep herself healthy and to learn how to prevent the spread of the virus, but the mother never took advantage of these resources.

In connection with the case plan goal of maintaining stable employment and housing, Martin testified that she had been able to confirm through conversations with the mother’s employer that the mother had been working at a nursing home from the time she began handling K. N.’s case, although the mother had never provided a paycheck stub or any other verification of this job. But the mother had recently lost her job. At the time K. N. was taken into DFACS custody, the mother lived in Floyd County, but a short time later moved to Polk County in violation of the juvenile court’s order that she obtain written permission before moving from the county. Subsequently, the mother lived in Cedartown for one year, from May 2002 to May 2003, and then moved to Rockmart.

Martin also stated that during the period she served as case manager for K. N., neither the mother nor the putative father had provided any financial support for K. N., even though they were both referred to child support enforcement when the child was placed in DFACS custody. The caseworker could not say, however, whether the enforcement division had ever contacted the mother about paying child support.

Susan Nichols, K. N.’s foster mother, testified that K. N. had been placed in her home when he was seven days old, and at the time of the

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of C. M.
756 S.E.2d 5 (Court of Appeals of Georgia, 2014)
In the Interest of E. N. R.
748 S.E.2d 293 (Court of Appeals of Georgia, 2013)
In the Interest of A. R.
726 S.E.2d 800 (Court of Appeals of Georgia, 2012)
In Re Ar
726 S.E.2d 800 (Court of Appeals of Georgia, 2012)
In Re Ab
716 S.E.2d 755 (Court of Appeals of Georgia, 2011)
In the Interest of A. B.
716 S.E.2d 755 (Court of Appeals of Georgia, 2011)
In the Interest of J. J.
682 S.E.2d 349 (Court of Appeals of Georgia, 2009)
In Re JJ
682 S.E.2d 349 (Court of Appeals of Georgia, 2009)
In the Interest of K. C. W.
678 S.E.2d 343 (Court of Appeals of Georgia, 2009)
In Re KCW
678 S.E.2d 343 (Court of Appeals of Georgia, 2009)
In the Interest of J. L. S.
667 S.E.2d 876 (Court of Appeals of Georgia, 2008)
In Re Jls
667 S.E.2d 876 (Court of Appeals of Georgia, 2008)
In the Interest of S. N.
662 S.E.2d 381 (Court of Appeals of Georgia, 2008)
In Re Sn
662 S.E.2d 381 (Court of Appeals of Georgia, 2008)
In the Interest of K. S.
658 S.E.2d 403 (Court of Appeals of Georgia, 2008)
In Re KS
658 S.E.2d 403 (Court of Appeals of Georgia, 2008)
In the Interest of J. J. J.
657 S.E.2d 588 (Court of Appeals of Georgia, 2008)
In Re Jjj
657 S.E.2d 588 (Court of Appeals of Georgia, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
611 S.E.2d 713, 272 Ga. App. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-k-n-gactapp-2005.