In the Interest Of: S. P., a Child (Mother)

784 S.E.2d 846, 336 Ga. App. 488
CourtCourt of Appeals of Georgia
DecidedMarch 29, 2016
DocketA15A2015, A15A2016
StatusPublished
Cited by9 cases

This text of 784 S.E.2d 846 (In the Interest Of: S. P., a Child (Mother)) 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: S. P., a Child (Mother), 784 S.E.2d 846, 336 Ga. App. 488 (Ga. Ct. App. 2016).

Opinions

McFadden, Judge.

In these appeals, the mother of minor child S. P. appeals from two orders of the juvenile court: an order terminating her parental rights and awarding permanent custody to the Department of Family and Children Services (“DFCS”) to be placed for adoption (Case No. A15A2016), and an order declining to appoint the girl’s maternal grandmother as her permanent guardian (Case No. A15A2015). She argues that the evidence compelled different rulings from the juvenile court. Because the evidence authorized both rulings, we affirm.

As an initial matter, we note that Georgia’s new Juvenile Code, which applies to juvenile proceedings commenced on or after January 1,2014, see Ga. L. 2013, p. 294, § 5-1, applies to these cases. Case No. A15A2016 concerns a termination proceeding that commenced on July 3, 2014, when DFCS filed a petition to terminate the mother’s parental rights. See In the Interest of C. J. V., 333 Ga. App. 844, 848 (2) (777SE2d692) (2015) (applying new Juvenile Code to termination decision because termination petition was filed in 2014). See also OCGA § 15-11-16 (a) (3) (a proceeding under the new Juvenile Code “may be commenced ... by the filing of a complaint or a petition as provided in Article[ ] ... 4 ... of [the new Juvenile Code],” among other ways); OCGA § 15-11-280 (section within Article 4 of the new Juvenile Code providing for the filing of a petition to terminate parental rights). Case No. A15A2015 concerns a third party’s motion to intervene in that termination proceeding for the purpose of being appointed permanent guardian of the child. Compare In the Interest of J. M. L., 336 Ga. App. 518 (784 SE2d 869) (2016) (old Juvenile Code [489]*489applied to permanent guardianship decision made in response to motion filed in 2014 in deprivation proceeding that had been commenced before January 1, 2014).

1. Facts and procedural history.

On appeal from a juvenile court’s decision to terminate parental rights, we review the evidence in the light most favorable to the court’s decision and determine whether any rational trier of fact could have found clear and convincing evidence that the parental rights should be terminated.

In the Interest of C. S., 319 Ga. App. 138, 139 (735 SE2d 140) (2012) (citation omitted). Our Supreme Court has stressed:

In the appellate review of a bench trial [such as, in this case, the evidentiary hearings on the motions for termination of parental rights and appointment of a permanent guardian],... due deference must be given to the trial court, acknowledging that it has the opportunity to judge the credibility of the witnesses.

Strickland v. Strickland, 298 Ga. 630, 633-634 (1) (783 SE2d 606) (2016) (citations omitted).

Viewed in the light most favorable to the juvenile court’s decision, the evidence showed that S. P. was born on January 14, 2011. At the time, her mother was incarcerated for a probation violation on a forgery conviction, and upon her birth S. P. went to live with her maternal grandmother. When S. P. was 20 months old, her mother was released from incarceration and moved into the household with S. P. and her grandmother. Four months later, in January 2013, the mother was arrested and incarcerated after an altercation in the child’s presence between the mother, the grandmother, and an aunt (the mother’s half-sister). Upon the mother’s arrest, DFCS obtained custody of S. P. because the mother refused to enter into a safety plan that would permit the girl to remain with the grandmother. (DFCS later declined to approve the grandmother’s home as a placement for S. P. following a home evaluation.) Finding no other relative who could care for S. P.,1 DFCS placed the girl into foster care. After an initial placement with another family, in May 2013 S. P. was placed [490]*490into care with the foster family with whom she currently resides. Her foster parents would like to adopt her.

The juvenile court adjudicated S. P. deprived in February 2013, in an unappealed order to which the mother, who was represented by counsel, stipulated. In that order, among other things, the juvenile court stated that S. P. was deprived due to the mother’s incarceration, the mother’s history of substance abuse, and the incident of domestic violence between the mother and the grandmother. The juvenile court also entered an order incorporating a reunification case plan for the mother, which required that she: (1) complete a drug and alcohol assessment, follow any recommendations made, submit to random drug screens, and establish six months of clean screens; (2) complete a psychological evaluation and follow any recommendations made; (3) obtain and maintain safe and stable housing; (4) obtain and maintain a stable, legal income; (5) complete age-appropriate parenting classes and demonstrate skills learned; (6) resolve all pending legal issues and commit no further violations of the law; (7) refrain from committing or exposing S. P. to domestic violence; (8) establish and maintain a bond with S. P. through regular visits upon the mother’s release from incarceration; (9) provide a specified amount of child support to DFCS beginning no later than 60 days from her release from incarceration; (10) reimburse the juvenile court for attorney fees in a specified amount; and (11) cooperate with DFCS and all other agencies providing services to her, including notifying DFCS of changes to her address, telephone number, and employment within 48 hours of the change.

The mother began working on the reunification case plan while she was incarcerated, obtaining a psychological evaluation in which she was diagnosed with antisocial personality disorder and aspects of dependent personality disorder. After she was released from incarceration, she began working on other aspects of her case plan. For a period of time she obtained housing and part-time, but not full-time, employment. She also initially participated in visits and joint therapy with S. P. and received individual counseling, but as time passed she became inconsistent and began missing appointments.

In several interim orders during this time period, the juvenile court found that the mother’s psychological conditions were impeding her ability to meet her case plan goals. In an October 2013 order following a citizen panel review, the juvenile court stated that S. P. would remain at risk until the mother addressed her psychological and legal issues and expressed concern about “the mother’s noncompliance with substance abuse treatment.” In a January 2014 temporary disposition order, the juvenile court adjudicated S. P. [491]*491dependent, noting that the mother still needed to address her psychological condition and that the mother had consented to the child remaining in DFCS custody. And in an unappealed April 2014 order of disposition and permanency, which followed evidentiary hearings, the juvenile court held that S. P. remained dependent because, although the mother had complied with some aspects of her case plan, she needed additional work on her stability and significant mental health issues. The order of disposition and permanency listed reunification and adoption following termination of parental rights as concurrent goals.

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Cite This Page — Counsel Stack

Bluebook (online)
784 S.E.2d 846, 336 Ga. App. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-s-p-a-child-mother-gactapp-2016.