In the Interest of T. B.

529 S.E.2d 620, 242 Ga. App. 564, 2000 Fulton County D. Rep. 860, 2000 Ga. App. LEXIS 142
CourtCourt of Appeals of Georgia
DecidedFebruary 4, 2000
DocketA99A2086, A99A2087
StatusPublished
Cited by8 cases

This text of 529 S.E.2d 620 (In the Interest of T. B.) 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 T. B., 529 S.E.2d 620, 242 Ga. App. 564, 2000 Fulton County D. Rep. 860, 2000 Ga. App. LEXIS 142 (Ga. Ct. App. 2000).

Opinions

Miller, Judge.

This is a tale of two parents: a 16-year-old mother whose parental rights the court terminated because she dropped out of high school and a 21-year-old father whose parental rights the court terminated because he was late in meeting some of the goals of his reunification plan. While it is important to receive an education, failure to complete school cannot be the primary reason to terminate parental rights, and thus we reverse the termination of the mother’s rights (Case No. A99A2086). Nor are delays in meeting some goals of a court-ordered reunification plan alone sufficient, and thus we also reverse the termination of the father’s rights (Case No. A99A2087).

The mother and father were 13 and 19 years old, respectively, when they conceived a boy, T. B. Because of the mother’s truancy from school, the Department of Family & Children Services took custody of her prior to T. B.’s birth. DFACS also took custody of T. B. upon his birth and placed both T. B. and his now 14-year-old mother in the same foster home, so she could help care for him.

DFACS developed a case plan to reunify the mother and T. B., which the mother generally followed until DFACS about a year later took T. B. from her care and placed him in a distant foster home. Distraught about the absence of her child, the mother nevertheless followed the case plan with the exception that she married a man and dropped out of high school to get a job in an effort to establish a stable residence for the hoped-for return of her child. In response, DFACS petitioned to have her parental rights terminated for her failure to meet the case plan goal of attending school.

Meanwhile, despite repeated demands from DFACS, the father delayed petitioning to legitimate T. B. for about a year until T. B. was placed in the distant foster home. Once this petition was filed, DFACS developed a case plan (to run for six months) to reunify the father with T. B., the goals of which the father for the most part met, although with some delay. He was delinquent in paying child support but then caught up; he procured somewhat stable employment; he worked on creating a stable home; and he completed parenting classes late in the six-month period.

Following a hearing, the juvenile court terminated the rights of both parents'. Both appealed, citing premature filing and insufficiency of the evidence.

1. Arguing that DFACS had prematurely filed the petition to terminate, both the mother and the father contend that T. B. had not yet been in foster care for the 15 months specified in OCGA § 15-11-41 (n). But OCGA § 15-11-41 (n) does not require that 15 months of foster care transpire before DFACS may file a petition; rather, it simply [565]*565provides that after 15 months of foster care (of the most recent 22 months), DFACS shall file a petition to terminate, with certain exceptions. Regardless of whether T. B. met the 15-month definition, the statute did not preclude an earlier filing; it simply directed a filing if the definition was met. This enumeration is without merit.

2. We recently reiterated that “[a]s there is no judicial determination that has more drastic significance than the permanent severance of a natural parent-child relationship, the severance of that relationship must be exercised cautiously and scrutinized deliberately. [Cit.]”1 Moreover, in In the Interest of C. G.,2 we emphasized that “[b]ecause the termination of parental rights has a final, ultimate, and significant result, that judgment must conclusively show compliance with the statutory criteria prescribed as a condition precedent.”3 Thus, no court can terminate a parent’s rights to his or her child unless there is clear and convincing evidence of present parental unfitness and of the termination being in the best interest of the child.4

OCGA § 15-11-81 (b) (4) (A) (i)-(iv) prescribe that a court can find parental unfitness only if it finds all four of the following facts by clear and convincing evidence: (i) the child is deprived, (ii) lack of parental care caused the deprivation, (iii) such is likely to continue, and (iv) continued deprivation is likely to cause serious harm to the child.5 In reviewing the evidence, we construe it in favor of the juvenile court’s findings.6

3. We review these factors first relative to the mother.

(a) Deprivation. The juvenile court had previously determined that T. B. was and continued to be deprived and entered deprivation and extension orders to that effect. Because the mother did not appeal any of these orders, for purposes of the termination hearing she was bound by this finding of deprivation.7

(b) Lack of Proper Parental Care and Control. To determine whether the child is without proper parental care and control, the court considers, among other things, the physical, mental, or emotional deficiencies of the parent; excessive use of alcohol or drugs; felony convictions and imprisonment; egregious conduct toward the child or other children; neglect of the child; and abuse of siblings.8 DFACS does not allege that any of these factors were present here.

[566]*566Where the child is not in the custody of the parent, the court also considers, among other things, whether the parent, for a period of one year or longer, failed significantly (i) to maintain a meaningful parental bond with the child, (ii) to pay required child support, or (iii) to comply with the reunification plan.9 DFACS does not contest the mother’s compliance with the first two, but rather places all its eggs in one basket: noncompliance with the reunification plan. As stated in its appellate brief, “[t]he Department simply decided to proceed with termination in the case at bar for one simple reason — Appellant failed to comply with her court-ordered reunification case plan which had been in effect for over one year.”

That reunification plan had five goals for the mother: (i) obtain parenting skills; (ii) learn to manage her behavior; (iii) maintain meaningful contact with T. B.; (iv) cooperate with DFACS; and (v) stay in school and make progress toward a high school diploma. As the following demonstrates, and as conceded by the DFACS representative at trial, the only goal she did not achieve was the educational goal.

(i) Obtaining parenting skills. The DFACS caseworker admitted that the mother attended three sets of parenting classes at the maternity home, at school, and at summer camp. She did very well in the school class, receiving grades of 93 and 100 (although she eventually stopped the class when she dropped out of school), exhibited a working knowledge of parenting techniques, and did so well at the summer camp that she was recommended to the advisory board. The caseworker conceded that through these classes the mother had acquired and applied parenting skills, although she was not consistent in her applications.

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555 S.E.2d 827 (Court of Appeals of Georgia, 2001)
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In the Interest of C. R.
538 S.E.2d 776 (Court of Appeals of Georgia, 2000)
In Re TB
529 S.E.2d 620 (Court of Appeals of Georgia, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
529 S.E.2d 620, 242 Ga. App. 564, 2000 Fulton County D. Rep. 860, 2000 Ga. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-t-b-gactapp-2000.