Patty v. Department of Human Resources

Court of Appeals of Georgia

Patty v. Department of Human Resources

260 S.E.2d 551, 151 Ga. App. 555, 1979 Ga. App. LEXIS 2633

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1979

Docket57921

StatusPublished

This text of 260 S.E.2d 551 (Patty v. Department of Human Resources) 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.

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Patty v. Department of Human Resources, 260 S.E.2d 551, 151 Ga. App. 555, 1979 Ga. App. LEXIS 2633 (Ga. Ct. App. 1979).

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Opinion

Smith, Judge.

Appellant appeals from the order of the Juvenile Court of Clayton County permanently terminating her parental rights pursuant to Code § 24A-3201 (a) (2). We reverse the order and remand the case with direction.

The findings on which the juvenile court’s order is based do not authorize the termination of parental rights. Although the court found that "the child is a [deprived child] and that the conditions and causes of deprivation are likely to continue. . .,” the court made no finding, as required by Code § 24A-3201 (a) (2), "that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm[.]” The order must therefore be reversed. The case is remanded to the juvenile court in order that the requisite factual determination be made. Upshaw v. Dept. of Family & Children Services, 144 Ga. App. 222 (241 SE2d 41) (1977).

Judgment reversed with direction.

Quillian, P.J., and Birdsong, J., concur.

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Smith, Judge.

Appellant appeals from the order of the Juvenile Court of Clayton County permanently terminating her parental rights pursuant to Code § 24A-3201 (a) (2). We reverse the order and remand the case with direction.

The findings on which the juvenile court’s order is based do not authorize the termination of parental rights. Although the court found that "the child is a [deprived child] and that the conditions and causes of deprivation are likely to continue. . .,” the court made no finding, as required by Code § 24A-3201 (a) (2), "that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm[.]” The order must therefore be reversed. The case is remanded to the juvenile court in order that the requisite factual determination be made. Upshaw v. Dept. of Family & Children Services, 144 Ga. App. 222 (241 SE2d 41) (1977).

Judgment reversed with direction.

Quillian, P.J., and Birdsong, J., concur.

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260 S.E.2d 551, 151 Ga. App. 555, 1979 Ga. App. LEXIS 2633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patty-v-department-of-human-resources-gactapp-1979.

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