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In the Interest of J. V. J.

The Court reversed the order terminating the mother's parental rights, since there was no clear and convincing evidence demonstrating that the child's deprivation was likely to continue or would not likely be remedied.

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The mother of a minor child, J. V. J., appeals from an order of the Juvenile Court of Houston County terminating her parental rights and its subsequent denial of her motion for a new trial, arguing that the court lacked clear and convincing evidence to support its finding that the cause of her child’s deprivation was likely to continue. For the reasons set forth infra, we reverse.

Viewed in the light most favorable to the juvenile court’s findings,1 the evidence showed that J. V. J. was born on September 25, 2012, and was immediately removed from her mother’s custody by the Department of Family and Children Services “the Department” because her mother previously lost parental rights to three other children and had a history of instability and drug use. Nine months later, on June 26, 2013, the juvenile court held a termination hearing, during which the mother admitted that she used crack cocaine two or three times per week for ten years. The mother contended, however, that her drug use ceased when she learned that she was pregnant with J. V. J. in March 2012.2 Further, the mother testified that she had no relationship with five of her six children, and that her parental rights as to three of those children were terminated.

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