In the Interest of M. E. M.

612 S.E.2d 612, 272 Ga. App. 451
CourtCourt of Appeals of Georgia
DecidedMarch 24, 2005
DocketA05A0802
StatusPublished
Cited by22 cases

This text of 612 S.E.2d 612 (In the Interest of M. E. 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 M. E. M., 612 S.E.2d 612, 272 Ga. App. 451 (Ga. Ct. App. 2005).

Opinion

Blackburn, Presiding Judge.

Following the juvenile court’s termination of her parental rights, appellant, the natural mother of M. E. M., Jr. and M. E. M. I, appeals, arguing that the trial court erred in terminating her rights to her children because the Department of Family and Children Services (“DFACS”) failed to present clear and convincing evidence that the children lacked proper parental care and control, and failed to present sufficient evidence that termination was in the children’s best interests. For the reasons set forth below, we affirm.

The standard of review on appeal from a termination of parental rights is whether, after reviewing the evidence in the light most favorable to the juvenile court’s disposition, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s right to custody should be terminated. On appeal, this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met.

(Citation and punctuation omitted.) In the Interest of K. S. W.1

Viewed in a light most favorable to the juvenile court’s disposition of the case, the record shows that DFACS became involved with M. E. M., Jr. and M. E. M. I in May 2003 when it learned that they were not receiving proper parental care, control, and supervision.2 At the time, appellant was living in a local motel with a male who was a drug abuser and leaving her children in the care of the maternal grandmother, whose husband had been charged in Michigan with the rape and sodomy of appellant’s sister.

On May 13, 2003, appellant signed a written surrender of parental rights to the children in favor of the maternal grandparents. On May 20, 2003, DFACS filed a deprivation complaint and the [452]*452juvenile court conducted a 72-hour hearing which began the same day. Appellant was present at the hearing.

On May 23, 2003, DFACS filed a petition alleging that the children were deprived. On May 28, 2003, the juvenile court entered an order finding probable cause of deprivation and placing temporary legal custody of the children with DFACS. Appellant did not appeal this order.

On July 15,2003, the juvenile court held an adjudicatory hearing on DFACS’s deprivation petition. Following the hearing, the court issued an order finding by clear and convincing evidence that the children were presently deprived and placing their legal and physical custody with DFACS for a period of 12 months. This order was not appealed.

DFACS developed a reunification plan which appellant signed on August 18,2003. The plan states that appellant had relinquished her parental rights to the children to her parents but that DFACS did not find placement with the maternal grandparents suitable because of their extensive history. Under the plan, appellant was to: obtain and maintain a source of income and support, as well as stable, clean and safe housing, for her children; obtain childcare services or assure proper supervision of the children at all times; and cooperate with all service providers. The juvenile court reviewed the reunification case plan and incorporated its goals in a supplemental order of September 16, 2003.

DFACS filed a motion for a permanency plan hearing and nonreunification on January 5, 2004. A hearing on the motion was held on February 12,2004. Appellant was present and represented by counsel at this hearing. In an order dated March 18, 2004, the juvenile court found that appellant had failed to comply with the DFACS case plan in that she had not: maintained stable housing; attended all of her scheduled visitation opportunities with her children; or maintained stable employment. The court also noted that the surrender of parental rights which appellant signed in May 2003 was admitted into the record without objection. The court found that the children continued to be deprived and approved the nonreunification permanency plan, further finding that any continued efforts to reunify the children with the parents were “no longer appropriate nor in the best interest of the . . . children and should therefore be immediately terminated.” Appellant did not appeal this order.

On June 7, 2004, following a hearing on DFACS’s motion to extend custody, the juvenile court issued an order in which it found that the children continued to be deprived and approved nonreunification with placement of the children with a relative. Appellant failed to appeal this order.

[453]*453On June 11, 2004, as the result of its inability to find any appropriate relative placement for the children, DFACS filed a motion for a permanency plan hearing and nonreunification. DFACS filed a petition to terminate appellant’s parental rights to the children on August 16, 2004. A hearing on DFACS’s termination petition and permanency plan was held on October 26, 2004; appellant was present at the hearing and represented by counsel. On November 2, 2004, the juvenile court entered an order terminating appellant’s parental rights in her children. This appeal followed.

Appellant first contends that the trial court erred in terminating her rights in her children because DFACS failed to present clear and convincing evidence that the children lacked proper parental care and control.

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. 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.

In the Interest of J. J. 3

Appellant does not, and cannot, challenge the first finding of parental misconduct or inability; that is, whether M. E. M., Jr. and M. E. M. I are deprived. The juvenile court entered an order on July 15, 2003, finding that the children were presently deprived; in subsequent orders of March 18, 2004, and June 7, 2004, the juvenile court found that the children continued to be deprived. Having failed to appeal these orders, appellant is bound by the juvenile court’s finding of deprivation. In the Interest of J. G. J. P.4

The evidence also supported the juvenile court’s determination that the children’s deprivation was caused by a lack of proper parental care or control by appellant. In cases

[454]

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Bluebook (online)
612 S.E.2d 612, 272 Ga. App. 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-m-e-m-gactapp-2005.