In the Interest of T. M. S.

529 S.E.2d 892, 242 Ga. App. 442, 2000 Fulton County D. Rep. 1165, 2000 Ga. App. LEXIS 212
CourtCourt of Appeals of Georgia
DecidedFebruary 21, 2000
DocketA99A2399
StatusPublished
Cited by1 cases

This text of 529 S.E.2d 892 (In the Interest of T. M. S.) 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. M. S., 529 S.E.2d 892, 242 Ga. App. 442, 2000 Fulton County D. Rep. 1165, 2000 Ga. App. LEXIS 212 (Ga. Ct. App. 2000).

Opinion

Barnes, Judge.

Claiming insufficient evidence, the appellant appeals the termination of her parental rights to her two minor children. Because the trial court was authorized to find that there was clear and convincing evidence in favor of termination, we affirm.

1. In reviewing a biological parent’s challenge to the sufficiency of the evidence, we determine whether, after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. In the Interest of A. C., 230 Ga. App. 395, 396 (1) (496 SE2d 752) (1998). We do not weigh the evidence or determine witness credibility but defer to the juvenile [443]*443court’s factfinding. In the Interest of L. H., 236 Ga. App. 132, 133 (1) (511 SE2d 253) (1999).

Viewed in this light, the record shows that at the time appellant’s rights were terminated, she was seventeen and had herself been in the protective custody of the Department of Family & Children Services (“DFACS”) since she was six months old. Her children, T. Mi S. and C. M. P. L. S., were two years old and nine months old, respectively, at the time of the termination hearing.

When T. M. S. was born on April 24, 1997, appellant was fifteen years old and living with Adelle Amos, a foster mother she had lived with on and off since she was six years old. Within days of his birth, DFACS petitioned the juvenile court for custody of T. M. S. When he was less than one month old, a consent order was entered stipulating that he was deprived. DFACS submitted a case plan to the juvenile court, and the court conditioned reunification upon appellant’s compliance “with each and every portion of the plan, including any and all requirements for evaluation and treatment and all requirements for financial child support.” This was the first of four case plans developed by DFACS with regard to appellant’s children; each case plan had the same basic goals. These goals were for appellant to: (1) maintain contact with her children; (2) attend counseling; (3) continue her education; and (4) have a source of income to support her children.

Appellant’s caseworker, Craig Campbell, testified that it was his initial goal to reunite T. M. S. with appellant. He “wanted her to have a chance unlike the chances that she may not have had in her life.” In furtherance of this goal, he placed T. M. S. with Amos, the same foster mother charged with appellant’s care.

After only two months, Amos told Campbell she was concerned about T .M. S.’s well-being with appellant in the home, and T. M. S. was placed elsewhere. Amos’ specific concerns were that appellant “would take the baby out and come home late in the middle of the morning [the next day], and I would ask her not to do that but sometime it would happen again and again and I just felt uncomfortable with that.” This would occur two to three times per week.

Appellant’s aunt, Thelma Rogers, testified that during this same time period, a friend of appellant’s called, told her she had T. M. S., and asked if Rogers could take him. Rogers took care of T. M. S. for a few days before asking appellant’s caseworker to pick him up. During this time, Rogers did not know appellant’s whereabouts or why appellant’s friend had been caring for T. M. S.

Less than a year after T. M. S. was born, appellant became pregnant with C. M. P. L. S., who was born on August 10,1998. Amos testified that she noticed appellant’s morning sickness, asked if she was pregnant, and urged her to obtain prenatal care. Appellant denied that she was pregnant and did not obtain any prenatal care until she [444]*444was six months pregnant and could no longer deny the pregnancy. She later told Amos that she tried to conceal her pregnancy because she did .not want DFACS to take her baby.

DFACS promptly petitioned for custody of C. M. P. L. S. after her birth, and after a hearing, the juvenile court issued an order on September 18, 1998, finding that C. M. P. L. S. was deprived. In this order, the juvenile court found that appellant “has failed to meet any of the goals of the previous case plans and continues to place her interests and desires ahead of those of her children.”

Shortly after C. M. P. L. S.’s birth, appellant left Amos’ home and stayed with a friend, Rachona Smith. Smith testified that appellant told her that “everybody was against her,” including Amos, and that she needed a place to stay. Smith tried “to give [appellant] some stability” and coached her about what she needed to do to regain custody of her children. Initially, appellant attended her GED classes and went with Smith to visit her children at a day care center. Smith also helped appellant get a job at McDonald’s. Appellant never reported for work, however, because she never obtained an identification card, even though her caseworker gave her a copy of her birth certificate and money to obtain the card.

Later, after appellant started seeing a boyfriend, she stopped visiting her children with Smith. She also started disappearing for three or four days at a time. When she came home, she would “take a bath, eat, leave,” and stay away for another three or four days. In Smith’s opinion, appellant was using marijuana because she would come in high, smelling of marijuana, and had bloodshot eyes and “the munchies.” Appellant also stopped going to her GED classes before she was ultimately expelled.

On December 9,1998, DFACS filed a petition to terminate appellant’s parental rights. A copy of this petition was mailed to appellant at Smith’s address on December 22, 1998.

In February 1999, Smith removed appellant’s clothes from her residence and took them to appellant’s caseworker. She testified that she took this action because “[i]t got to the point she wasn’t coming [home for] long periods of time so I felt like she didn’t need my assistance anymore. . . . And I just didn’t want to throw her out or anything like that.”

Smith testified that, based on her observations of appellant during the six months appellant lived with her, appellant was not ready to be a parent. Although appellant loves and wants to be with her children, Smith testified that it did not “take much to distract her into doing something different.”

In February 1999, appellant returned to Amos’ home. Amos testified that she loves appellant, that appellant is “like a daughter to her,” and that appellant calls her “Mama.” Nonetheless, Amos asked [445]*445appellant’s caseworker to remove her from her home in February because she did not want to put up with appellant’s temper and disobedience anymore. After talking with appellant, Amos agreed that she could continue staying with her but conditioned it on proper behavior. Amos testified that she had no further problems with appellant after this conversation. In the termination hearing held two months later, Amos testified that appellant was still not ready to care for her children.

Dr. William Russell Johnson, a psychiatrist, testified that in 1992, appellant was diagnosed with “borderline personality disorder,” and that it was an extremely unusual diagnosis for a nine-year-old child since this condition was normally seen only in adults. The characteristics of this disorder include fluctuations of mood that happen very quickly, extreme anger, and an extreme need for attention based upon fears of abandonment.

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Related

In the Interest of C. C.
555 S.E.2d 762 (Court of Appeals of Georgia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
529 S.E.2d 892, 242 Ga. App. 442, 2000 Fulton County D. Rep. 1165, 2000 Ga. App. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-t-m-s-gactapp-2000.