In the INTEREST OF R. S. T., a Child.

812 S.E.2d 614
CourtCourt of Appeals of Georgia
DecidedMarch 16, 2018
DocketA17A1595.
StatusPublished
Cited by15 cases

This text of 812 S.E.2d 614 (In the INTEREST OF R. S. T., a Child.) 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 R. S. T., a Child., 812 S.E.2d 614 (Ga. Ct. App. 2018).

Opinions

McMillian, Judge.

In 2013, the biological mother of R. S. T. first appealed a juvenile court order finding her minor daughter deprived. This Court reversed the order after finding the Fulton County Department of Family and Children Services (the "Department") failed to present clear and convincing evidence of present deprivation. In the Interest of R. S. T. , 323 Ga. App. 860, 748 S.E.2d 498 (2013). On remand, the Department filed a new dependency petition, *6171 and the mother's rights were ultimately terminated in March 2016. The mother filed an application for discretionary appeal from this latest order, which this Court granted.2 For the reasons that follow, we vacate and remand this case for further proceedings consistent with this opinion.

On appeal, we review an order terminating parental rights in the light most favorable to the juvenile court's findings to 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. In the Interest of A. B. , 311 Ga. App. 629, 629, 716 S.E.2d 755 (2011). So viewed, the record shows that R. S. T. was born in July 2012. Shortly after her birth, R. S. T. was taken into care by the Department due to concerns regarding the mother's mental health, her ability to provide for R. S. T., and the mother's non-cooperation with a case plan that had been developed for the mother's seven other children who had previously been adjudicated deprived. In the Interest of R. S. T. , 323 Ga. App. at 861, 748 S.E.2d 498. The Department then filed a deprivation petition, alleging that the mother suffered from a psychotic disorder and failed to complete treatment sufficient to ensure that her older children could be returned to the home. The Department also alleged the older children had previously been subjected to a home without utilities and suffered medical neglect and other abuse, and the Department feared R. S. T. would suffer a similar fate.

After this Court reversed the juvenile court's first order finding R. S. T. deprived,3 the Department immediately filed a second deprivation complaint. The Department alleged the mother's oldest child had been returned to her earlier in the year but was assaulted while in her care and removed again. Following a hearing, the juvenile court found R. S. T. deprived but granted the mother temporary custody in October 2013. However, by January 2014, R. S. T. was returned to the Department's custody due to concerns regarding alcohol and physical abuse. In the fall of 2014, the Department filed a new dependency petition, and following a hearing in December

2014, the juvenile court entered an order finding that R. S. T. was a dependent child. Specifically, the juvenile court found that the mother remained unemployed, even though she was capable of finding employment, and unable to provide for the daily financial needs of R. S. T. and that her mental health issues adversely affected her ability to provide adequate care, control or supervision of the child. The juvenile court also found that the guardian of several of the mother's other children and another witness had repeatedly heard the mother curse and scream and witnessed the mother shove one of her other daughters against a wall and knee her in the stomach. Based on these and other findings, the juvenile court ordered that custody of R. S. T. remain with the Department and approved a concurrent reunification and adoption plan.

In August 2015, the Department filed a petition for termination of parental rights, and a hearing on the petition was held in March 2016. At the hearing, the juvenile court heard testimony from multiple psychologists, three Department case workers, the court-appointed guardian ad litem, and the mother. The Department presented testimony that a case plan was developed early on wherein the mother was to maintain stable and suitable housing and sufficient income, follow all recommendations from her providers, and also undergo psychological and parental fitness assessments and take parenting classes. Angela Maxwell, the first case manager assigned to R. S. T.'s case, testified *618that the Department was unable to confirm in 2012 whether the mother completed the required parenting skills or psychological assessments because she refused to use the Department's providers, stating instead that she wished to use her own provider.

A new case plan was developed in 2013 with the same goals. However, by 2014, the only goal the mother completed was attending parenting training classes. The mother was frequently verbally aggressive with members of the Department, including towards Maxwell on multiple occasions throughout her years assigned to R. S. T.'s case. In early 2015, the Department attempted to convene a family meeting to review the mother's case plan goals, but the meeting had to be stopped because the mother became "very irate and aggressive." The mother cursed at Maxwell and appeared to want to fight her physically before Maxwell left the room, and the mother left the building. Throughout this time, the mother remained without employment, receiving only social security payments, and was evicted from her apartment for failure to pay rent. She also refused to pay her required child support.

After the mother visited R. S. T. in May 2015, she informed the visitation provider that she did not wish to visit with R. S. T. any more. The mother also told a case manager that she only wanted visitation if it was at her home and unsupervised. In July 2015, a case manager personally delivered a MARTA card to the mother so she could visit the child and participate in the services offered by the Department. While at the mother's residence, the case manager observed that it was very cluttered, that the landlord had sectioned off a portion of the living room to serve as the mother's bedroom, and that the mother had a large dog. The mother remained "very adamant" that she would not cooperate with the Department or use the services it provided. Another case manager also testified that in most of her interactions with the Department, the mother was aggressive, making it difficult to ascertain which providers the mother may have been seeing.

In December 2015, the Department contacted the mother regarding visitation, but the mother once more reported that she would not visit her child again unless the visits were unsupervised. The mother also admitted to the new case manager that "every now and then she [smokes] marijuana" and that she was out of her prescribed medication. When the case supervisor contacted the mother later that month, the mother cursed at her and told her not to call anymore before hanging up. The mother again refused visitation with R. S. T. in January 2016.

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Bluebook (online)
812 S.E.2d 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-r-s-t-a-child-gactapp-2018.