In the Interest of T. S.

712 S.E.2d 121, 310 Ga. App. 100
CourtCourt of Appeals of Georgia
DecidedJune 16, 2011
DocketA11A0420
StatusPublished
Cited by13 cases

This text of 712 S.E.2d 121 (In the Interest of T. 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. S., 712 S.E.2d 121, 310 Ga. App. 100 (Ga. Ct. App. 2011).

Opinion

Dillard, Judge.

The mother of T. S. and J. F. appeals from an order of the Juvenile Court of Dodge County, arguing that the court erred in finding that (1) T. S. was deprived, (2) reunification was not in T. S.’s best interests, and (3) custody of J. F. should be awarded to the boy’s father, even after concluding that J. F. was not deprived. For the reasons set forth infra, we affirm in part, reverse in part, vacate in part, and remand the case for further proceedings consistent with this opinion.

In an appeal from a deprivation order, we review the evidence from a juvenile court hearing “in the light most favorable to the court’s judgment and determine whether any rational trier of fact could have found by clear and convincing evidence that the children were deprived.”1 So viewed, the evidence shows that in April 2009, the Dodge County Department of Family and Children Services (“DFCS”) received a report from the school of then seven-year-old T. S. that the girl had come to school with a mark on the side of her face, which required medical attention. T. S. reported that her mother struck her after becoming upset because she left a book bag at school. When a DFCS investigator interviewed T. S.’s mother about the incident, the mother admitted that she “lost control” and slapped T. S., knocking her to the ground and leaving a “slash” across the child’s face.2 She also admitted to whipping T. S. on the girl’s buttocks and legs with a belt. Consequently, T. S.’s mother was arrested on a cruelty-to-children charge, and she later pleaded guilty to a lesser-included misdemeanor of simple battery. Following this incident, DFCS placed T. S. in her paternal grandmother’s custody and placed the mother’s then four-year-old son, J. F, who had a different father than T. S., in his paternal grandmother’s custody.3 After several months, both children returned to live with their mother.

On October 20, 2009, DFCS received another report from T. S.’s school, noting that when T. S. arrived at school that morning, a teacher noticed that she had pronounced scratch marks on her face and another one on her right wrist, and that T. S. claimed the scratch marks came from being slapped by her mother. When confronted with T. S.’s accusation, the mother admitted to the DFCS investiga[101]*101tor that she grabbed T. S. by the face and that her fingernail scratched her daughter’s face, but she denied slapping her. Nevertheless, following this incident, DFCS again placed both children in the custody of their respective paternal grandmothers as part of a safety plan.

On April 22, 2010, DFCS filed a deprivation petition as to both T. S. and J. F, which alleged that the mother physically abused T. S. and noted that both children were currently in the custody of their respective paternal grandmothers. Shortly thereafter, J. F.’s father filed a petition for legitimation of J. F. and sought to intervene in the deprivation adjudication.

The juvenile court conducted a hearing on the deprivation petitions and the legitimation petition filed by J. F.’s father on June 10, 2010. During that hearing, the DFCS investigator testified regarding the physical abuse T. S. suffered and the mother’s admissions that she inappropriately and excessively disciplined her daughter. Additionally, a clinical psychologist — who was asked by DFCS to provide cognitive behavior therapy and anger-management counseling for the mother after the first reported incident of abuse — testified for the State. Specifically, the psychologist testified that the mother acknowledged inappropriately and excessively disciplining T. S. and that the mother was frustrated by the fact that T. S.’s father did not provide any financial or emotional support for his daughter. At the conclusion of these initial counseling sessions, the psychologist recommended that the mother see a psychiatrist in order to determine whether she needed to be treated with antidepressant or mood-stabilizing medications; however, the mother never followed this advice. The psychologist further testified that she was again brought in by DFCS to work with the mother after the second incident of abuse. And while the psychologist acknowledged the mother’s progress (as a result of these counseling sessions), she also opined that it was probably not a good idea to return the children to the mother until she was evaluated further by a psychiatrist, who could then determine whether her treatment needed to include antidepressant and mood-stabilizing medications.

During the same hearing, J. F.’s father, who was then serving in the United States Army, testified that he began providing child support for J. F. as soon as he learned that he was the boy’s father. J. F.’s father also testified that he wanted custody of the boy and explained to the court that he had successfully requested a transfer to a nearby Army base so that he could be near J. F. while completing his service requirements. J. F.’s paternal grandmother also testified during the hearing, noting that after J. F. came to live with her, his reading and speech skills progressed, and that he seemed very happy. One of J. F.’s teachers also testified during the hearing and confirmed that [102]*102J. E had made significant progress in school since he began living with his grandmother.

Finally, the mother of T. S. and J. F. testified during the hearing and acknowledged that in April 2009, she slapped T. S. in the face and whipped her with a belt to the extent that her daughter’s buttocks and legs had marks. She also acknowledged that this incident resulted in her arrest on cruelty-to-children charges. With regard to the October 2009 incident, the mother testified that she grabbed T. S.’s face but denied that she intended to cut T. S.’s face with her fingernail. The mother also admitted that after both incidents she agreed to a DFCS safety plan, which placed T. S. and J. E in the custody of their respective paternal grandmothers and required her to attend counseling and anger-management classes. Additionally, the mother conceded that the psychologist, who counseled her on anger-management issues, recommended that she seek further mental-health counseling so that she could be prescribed antidepressant medication, but explained that she did not agree with this assessment.

At the conclusion of the hearing, the juvenile court found T. S. to be deprived and granted DFCS’s request that T. S.’s paternal grandmother have long-term custody with no plan for reunification. The court also found that J. F. was not deprived, but it, nevertheless, placed custody of J. F. with his father after granting the father’s legitimation petition. A few months later, the juvenile court confirmed its rulings in a written order. This appeal follows.

1. The mother contends that the juvenile court erred in finding T. S. to be deprived. We disagree.

A deprived child is one who is “without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health or morals.”4 In determining whether a child is without proper parental care or control, the court shall consider, among other things, “evidence of past egregious conduct of the parent toward the child or toward another child of a[n] . . . emotionally . . . abusive nature” and “evidence of past . . . mental[ ] or emotional neglect of the child or of another child by the parent.”5

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of K. R., Child (Mother)
Court of Appeals of Georgia, 2023
In the Interest of D. C., Children (Father)
Court of Appeals of Georgia, 2022
In the Interest of D. M. Et Al., Children
793 S.E.2d 422 (Court of Appeals of Georgia, 2016)
In the Interest of J. C., a Child
779 S.E.2d 734 (Court of Appeals of Georgia, 2015)
In the Interest Of: B. W., a Child (Mother)
Court of Appeals of Georgia, 2014
In the Interest of B. W.
756 S.E.2d 25 (Court of Appeals of Georgia, 2014)
In Re Dh
722 S.E.2d 388 (Court of Appeals of Georgia, 2012)
In the Interest of D. H.
722 S.E.2d 388 (Court of Appeals of Georgia, 2012)
In the Interest of D. T. A.
717 S.E.2d 536 (Court of Appeals of Georgia, 2011)
In Re Dta
717 S.E.2d 536 (Court of Appeals of Georgia, 2011)
In Re Jcw
717 S.E.2d 512 (Court of Appeals of Georgia, 2011)
In the Interest of J. C. W.
717 S.E.2d 512 (Court of Appeals of Georgia, 2011)
In Re Ts
712 S.E.2d 121 (Court of Appeals of Georgia, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
712 S.E.2d 121, 310 Ga. App. 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-t-s-gactapp-2011.