In the Interest of Z. B.

556 S.E.2d 234, 252 Ga. App. 335, 2001 Fulton County D. Rep. 3399, 2001 Ga. App. LEXIS 1281
CourtCourt of Appeals of Georgia
DecidedNovember 7, 2001
DocketA01A1213
StatusPublished
Cited by19 cases

This text of 556 S.E.2d 234 (In the Interest of Z. 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 Z. B., 556 S.E.2d 234, 252 Ga. App. 335, 2001 Fulton County D. Rep. 3399, 2001 Ga. App. LEXIS 1281 (Ga. Ct. App. 2001).

Opinion

Mikell, Judge.

The mother of Z. B. appeals from a juvenile court order terminating her parental rights. While we affirm the termination, we vacate the order to the extent that it places permanent custody of the child with the Georgia Department of Human Resources and remand the case with direction that the juvenile court evaluate the possibility of placing the child with a suitable relative.

On appeal from the grant of a termination petition, this Court must determine whether 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 J. R., 202 Ga. App. 418 (414 SE2d 540) (1992). We construe the evidence most strongly to support the juvenile court’s judgment, “and every presumption and inference must be in favor thereof. The reviewing court is to defer to the lower [336]*336court in the area of factfinding and should affirm unless the appellate standard of review is not met.” (Citations and punctuation omitted.) Id.

Termination of parental rights requires a clear and convincing showing that the child is deprived due to parental misconduct or inability which is likely to continue or is not likely to be remedied, thereby causing serious physical, mental, emotional, or moral harm to the child. Lack of proper parental control may be shown by evidence of the parent’s past physical, mental, or emotional neglect of the child or of another child.

(Citation and punctuation omitted; emphasis supplied.) In the Interest of A. D., 243 Ga. App. 727, 729 (534 SE2d 457) (2000); OCGA § 15-11-94 (b) (4) (B) (v).

1. As a deprived child is defined as one who lacks proper parental care or control, OCGA § 15-11-2 (8) (A), the juvenile court properly focused on evidence of appellant’s “past physical, mental, or emotional neglect” of her other children in terminating her parental rights. OCGA § 15-11-94 (b) (4) (B) (v); see also In the Interest of M.L.P., 236 Ga. App. 504, 506 (512 SE2d 652) (1999).

Z. B., who was born on September 23, 1999, is appellant’s eighth child. Appellant’s other children were born in 1984,1989,1990,1992, 1994,1995, and 1997, and none of the children remain in her custody. Appellant gave up her first child for adoption, and her parental rights to her remaining six children were terminated in North Carolina three months before Z. B. was bom. Appellant had moved from Georgia to North Carolina with the children in May 1997, despite years of ongoing assistance provided by the Fulton County Department of Family & Children Services (the “Department”).

Although the Davidson County, North Carolina Department of Social Services (“DSS”) provided intensive in-home services to appellant and the children, appellant was unable to cope. DSS removed the children from appellant’s custody on July 17,1997. A North Carolina court entered an order on October 13, 1997, adjudicating the children abused and neglected. The order recounted the following: expert testimony that two of the children had anal injuries consistent with trauma; evidence that the children acted out sexually; statements of witnesses, including relatives and domestic violence personnel, who observed appellant hit the children in the head and threaten to kill them; and statements of caseworkers who observed appellant feeding the children by placing cold macaroni on the table and permitting them to fight over the food and by giving them unopened cans of Vienna sausages, which even the 19-month-old child had to [337]*337open by himself. Moreover, the five-month-old was left alone in the home, and the other children were permitted to roam the neighborhood. In addition, the order cited evidence of extremely unsanitary conditions in the home. The three-year-old was permitted to urinate on the floor; diapers filled with feces were found on the floor; and the children were observed walking through the filth.

Twanna Robinson, a DSS caseworker, testified during the instant termination hearing that appellant began supervised visitation with the children in September 1997; that the children behaved so aggressively during these visits that two or three social workers were required to manage them, while appellant sat idly by; that the children remained aggressive for a week after each visit; and that appellant brought various male friends with her, even once asking the children to sit on a man’s lap. Appellant denied that DSS provided her with any assistance and denied bringing strange men to the supervised visits. In addition, appellant admitted that from 1993 through 1997, she lied about the identity of the children’s father.

Robinson testified that visitation ceased in January 1998, when appellant left North Carolina. She returned for a review hearing in July 1998, and the judge informed her that she would not be allowed to see the children unless she started complying with her case plan. Appellant, however, returned to Atlanta. After a hearing, which appellant did not attend, the North Carolina court terminated appellant’s parental rights to the six children.

The North Carolina orders, coupled with Robinson’s testimony, provide evidence of appellant’s past physical, mental, and emotional neglect of her six other children. OCGA § 15-11-94 (b) (4) (B) (v). Clear and convincing evidence supports the juvenile court’s determination that Z. B. is deprived due to lack of proper parental care or control.

Appellant contends that the Department failed to show by clear and convincing evidence that appellant is presently unfit to parent a single child. She further argues that the juvenile court improperly shifted the burden of proof to her on this issue. Appellant points to testimony from caseworkers showing that her current home, in the absence of children, is adequate, that she attends all scheduled visits with Z. B., that she participates in parenting classes, and that she has substantially met each goal in her case plan with the exception of providing financial support for Z. B. Appellant correctly asserts that “[e]vidence of past unfitness, standing alone, is insufficient to terminate the rights of a parent in her natural child; clear and convincing evidence of present unfitness is required.” (Citations and punctuation omitted.) In the Interest of R. A., 226 Ga. App. 18, 20 (486 SE2d 363) (1997). However, in determining present unfitness, the juvenile court was permitted to consider whether appellant had successfully [338]*338demonstrated her ability to care for her other children. In the Interest of S. L. B., 214 Ga. App. 802, 804 (449 SE2d 334) (1994). “While the mother’s efforts to improve herself are good, the trial court must determine whether a parent’s conduct warrants hope of rehabilitation, not an appellate court.” (Citation and punctuation omitted.) In the Interest of M. L. R, supra at 509 (1) (c). The juvenile court was not required to unite Z. B. with appellant in order to obtain current evidence of deprivation or neglect. In the Interest of E. C., 225 Ga. App. 12, 16 (482 SE2d 522) (1997).

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

Related

In Re Gam
690 S.E.2d 472 (Court of Appeals of Georgia, 2010)
In the Interest of G. A. M.
690 S.E.2d 472 (Court of Appeals of Georgia, 2010)
in the Interest of J. G.-S.
630 S.E.2d 615 (Court of Appeals of Georgia, 2006)
In Re Jg-S.
630 S.E.2d 615 (Court of Appeals of Georgia, 2006)
In the Interest of C. P.
630 S.E.2d 165 (Court of Appeals of Georgia, 2006)
In the Interest of M. H. W.
626 S.E.2d 515 (Court of Appeals of Georgia, 2006)
In Re MHW
626 S.E.2d 515 (Court of Appeals of Georgia, 2006)
In the Interest of B. J. F.
623 S.E.2d 547 (Court of Appeals of Georgia, 2005)
In Re BJF
623 S.E.2d 547 (Court of Appeals of Georgia, 2005)
In the Interest of C. T. M.
614 S.E.2d 812 (Court of Appeals of Georgia, 2005)
In the Interest of S. R. B.
614 S.E.2d 150 (Court of Appeals of Georgia, 2005)
In Re Srb
614 S.E.2d 150 (Court of Appeals of Georgia, 2005)
Kenny A. Ex Rel. Winn v. Perdue
356 F. Supp. 2d 1353 (N.D. Georgia, 2005)
In the Interest of M. K. H.
607 S.E.2d 202 (Court of Appeals of Georgia, 2004)
In the Interest of J. P.
601 S.E.2d 409 (Court of Appeals of Georgia, 2004)
In Re JP
601 S.E.2d 409 (Court of Appeals of Georgia, 2004)
In the Interest of G. B.
588 S.E.2d 779 (Court of Appeals of Georgia, 2003)
In Re GB
588 S.E.2d 779 (Court of Appeals of Georgia, 2003)
In Re ZB
556 S.E.2d 234 (Court of Appeals of Georgia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
556 S.E.2d 234, 252 Ga. App. 335, 2001 Fulton County D. Rep. 3399, 2001 Ga. App. LEXIS 1281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-z-b-gactapp-2001.