In the Interest of M. N. H.

517 S.E.2d 344, 237 Ga. App. 471, 99 Fulton County D. Rep. 1573, 1999 Ga. App. LEXIS 445
CourtCourt of Appeals of Georgia
DecidedApril 1, 1999
DocketA99A0213
StatusPublished
Cited by10 cases

This text of 517 S.E.2d 344 (In the Interest of M. N. H.) 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. N. H., 517 S.E.2d 344, 237 Ga. App. 471, 99 Fulton County D. Rep. 1573, 1999 Ga. App. LEXIS 445 (Ga. Ct. App. 1999).

Opinion

Blackburn, Judge.

Appellant, the biological mother of M. N. H., appeals the juvenile court’s termination of her parental rights, contending: (1) that the evidence was insufficient to support the termination; (2) that the juvenile court erred by taking judicial notice of certain orders issued by it with regard to prior deprivation proceedings; (3) that the juvenile court erred by admitting evidence of appellant’s prior misdemeanor convictions; (4) that the juvenile court erred by allowing appellant’s psychologist to testify in violation of the psychologist-patient privilege; and (5) that the juvenile court erred by admitting the results of a drug test taken by appellant.* 1 For the reasons set forth below, we affirm the decision of the juvenile court.

[472]*4721. On appeal, we must determine

whether, after reviewing the evidence in a light most favorable to the lower court’s judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court’s factfinding and affirm unless the appellate standard is not met.

(Citations and punctuation omitted.) In the Interest of R. N., 224 Ga. App. 202 (480 SE2d 243) (1997).

M. N. H. was born prematurely on July 21,1996, and tested positive for cocaine. Appellant admitted using cocaine on the night before she went into labor and once a week during the two months prior to M. N. H.’s birth. Appellant also admitted to using marijuana on a regular basis during the year prior to M. N. H.’s birth. M. N. H. was born with several physical infirmities, and she had to be held in the hospital for a number of weeks following her birth. During that time, the Department of Family & Children Services (DFACS) set up a safety plan for appellant to ensure that she began to address her drug addiction and that M. N. H. would be released into a stable home environment.

Appellant failed to satisfy the goals of the safety plan, and, prior to M. N. H.’s release, appellant tested positive for cocaine use. As a result, the juvenile court found M. N. H. to be a deprived child on September 25, 1996, and granted temporary custody to DFACS. A detailed reunification plan was then developed, the major goal of which was for appellant to become drug free.2 Appellant never satisfied the requirements of this plan. In fact, a number of motions for contempt had to be filed by DFACS due to appellant’s continuing drug use and refusal to follow her reunification plan.3 On March 12, 1998, the juvenile court issued an order terminating appellant’s parental rights to M. N. H.

Before terminating a parent’s rights, a juvenile court must employ a two-prong test. In the first prong, the court must decide whether there is “present clear and convincing evidence of parental misconduct or inability.” OCGA § 15-11-81 (a). Parental misconduct or inability, in turn, is proven by [473]*473evidence showing: (1) that the child is deprived; (2) that lack of proper parental care or control is the cause of deprivation; (3) that the cause of deprivation is likely to continue or will not likely be remedied; and (4) that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-81 (b) (4) (A). ... In the second prong of the termination test, the juvenile court must consider whether termination of parental rights would be in the best interest of the child.

In the Interest of V. S., 230 Ga. App. 26, 27 (495 SE2d 142) (1997).

As appellant did not appeal the original order [s] of the juvenile court finding that her children were deprived, she cannot now complain about that finding. In the Interest of E. C., 225 Ga. App. 12, 14-15 (482 SE2d 522) (1997). Therefore, only the three remaining criteria must be considered.

In the Interest of V. S., supra at 29 (1).

The evidence of record supports the juvenile court’s determination that appellant’s inability to adequately care for M. N. H. was the cause of her deprivation. As an initial matter, M. N. H. was born with respiratory, feeding, and developmental problems, and the baby tested positive for cocaine in her system. In addition, appellant failed to satisfy the goals of her reunification plan, despite several motions for contempt brought by DFACS to convince her to do so. Accordingly, appellant has shown a failure to consider the needs of her child from the point of her conception to the present date, and her conduct provides clear and convincing evidence that M. N. H.’s deprivation is the result of her neglectful childrearing.

The record also supports a finding that M. N. H.’s deprivation would be likely to continue in appellant’s care.

Although past deprivation is not sufficient for termination without a showing of present deprivation, the court can consider a parent’s past conduct in determining whether such conditions of deprivation are likely to continue. The court was entitled to infer from the evidence that, despite the best efforts of DFACS and many other social workers and charities, the same pattern of deprivation would continue [if] the [child was] reunited with [her] mother.

(Citation and punctuation omitted.) In the Interest of R. N, supra at 204 (1) (c). In this case, appellant was given numerous chances to modify her behavior in order to regain custody of her children. However, after years of dealing with DFACS, appellant failed to satisfy [474]*474the goals of her reunification plan, and she continued her drug use.

The juvenile court’s finding that appellant’s child would likely be harmed by the continued deprivation is also well founded. Although appellant testified that she had started to attend group therapy and Narcotics Anonymous in January 1998, she provided no proof of her attendance. Furthermore, not long before the termination hearing, appellant exhibited “drug seeking” behavior by obtaining narcotic pain medication from an emergency room, and she tested positive for marijuana use on February 24, 1998, within a week of her scheduled termination hearing. In addition, psychological tests performed on appellant indicated the presence of sadistic personality disorder, schizotypal disorder, obsessive-compulsive personality disorder, paranoid personality disorder, depressive personality disorder, and self-defeating personality disorder. Appellant’s psychological profile and inability to appropriately alter her behavior provide clear and convincing evidence that M. N. H. would likely be harmed by continued deprivation.

Finally, the record supports a finding that the best interests of the [child] are served by termination of appellant’s rights. The same factors which show [her] inability to rear her [child] may also provide evidence that termination of her rights would be in the best interests of her [child].

In the Interest of D. W., 235 Ga. App. 281, 283 (509 SE2d 345) (1998).

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Bluebook (online)
517 S.E.2d 344, 237 Ga. App. 471, 99 Fulton County D. Rep. 1573, 1999 Ga. App. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-m-n-h-gactapp-1999.