In the Interest of S. O. C.

The evidence did not clearly and convincingly show that the child's continued deprivation will cause or is likely to cause him harm.

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The mother of a minor child, S. O. C., appeals from an order of the Juvenile Court of Hall County terminating her parental rights and its subsequent denial of her motion for new trial. Specifically, the mother contends that the court lacked clear and convincing evidence to support its findings that 1 the child was deprived; 2 lack of proper parental care or control caused the deprivation; 3 such cause was likely to continue; and 4 the continued deprivation would cause or was likely to cause serious physical, mental, or emotional harm to the child. Because we find that there was insufficient evidence to support the juvenile court’s finding that continued deprivation would cause or was likely to cause harm to the child, we reverse.

Viewed in the light most favorable to the juvenile court’s findings,1 the evidence shows that S. O. C. was born on December 26, 2011, a few weeks premature. At the time of his birth, S. O. C. had marijuana metabolites in his system and he was underweight. Additionally, at that time it was determined that both the mother2 and S. O. C. were HIV-positive. As a result, on January 17, 2012, Hall County Department of Family Children Services DFCS successfully sought an authorization for shelter care. On January 24, 2012, the mother moved to contest the authorization of shelter care, and on that same day, DFCS filed a deprivation petition. Following a February 10, 2012 hearing, the juvenile court entered an order finding that S. O. C. was deprived based on its conclusion that the mother’s marijuana use impaired her ability to care for S. O. C.’s medical needs. Nevertheless, the court returned custody of S. O. C. to his mother subject to several conditions, including that the mother refrain from illegal drug use, attend to S. O. C.’s medical needs, and continue living with her boyfriend, who had stable employment, a stable residence, and wished to raise S. O. C. as his own son.

In the Interest of S. O. C.

The evidence did not clearly and convincingly show that the child's continued deprivation will cause or is likely to cause him harm.

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