In the Interest of M. S., a Child (Mother)

Court of Appeals of Georgia·Decided January 9, 2023·No. A23A0690·Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 09, 2023

The Court of Appeals hereby passes the following order:

A23A0690. IN THE INTEREST OF M. S., A CHILD (MOTHER)

On September 26, 2022, the juvenile court terminated the mother’s parental rights to her child. The mother filed this direct appeal from the juvenile court’s order.

We, however, lack jurisdiction. “OCGA § 5-6-35 provides that a party must file an application in order to seek

an appeal regarding the termination of parental rights. OCGA § 5-6-35 (a) (12) and (b).” In the Interest of B. R. F., 299 Ga. 294, 296 (788 SE2d 416) (2016).

“Compliance with the discretionary appeals procedure is jurisdictional.” Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 110) (2012)

(punctuation omitted). Thus, the mother’s failure to file a discretionary application deprives us of jurisdiction over her direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/09/2023 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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In the Interest of M. S., a Child (Mother), (Ga. Ct. App. 2023).

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Related

In the Interest of B. R. F., a Child
788 S.E.2d 416 (Supreme Court of Georgia, 2016)
Booker v. Georgia Department of Human Resources
731 S.E.2d 110 (Court of Appeals of Georgia, 2012)