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In the Interest of J. C. W.

The superior court erred in exercising jurisdiction over the foster parents' petition to terminate, where a termination petition was first filed in juvenile court.

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A mother appeals from a superior court order granting the petition of foster parents to terminate her parental rights with regard to her two-year-old twins, after the juvenile court had already issued an order placing custody of the twins with their maternal aunt and uncle until their eighteenth birthdays.1 The mother contends on appeal that: 1 the superior court lacked jurisdiction; 2 the doctrine of res judicata barred the foster parents’ petition to terminate; 3 the legal custodians of the children should have been made parties to and received notice of the termination and adoption proceedings; and 4 the superior court erred by terminating her rights based upon sealed juvenile court orders unlawfully in the possession of the foster parents’ attorney. Based on our conclusion that the superior court lacked jurisdiction because the juvenile court had already taken jurisdiction of the issue, we vacate its order terminating the mother’s parental rights. Juvenile Court Proceedings

The complicated procedural history of this case begins with the twins’ birth on February 10, 2009. Shortly after their birth, the twins, along with their 16-month-old brother, were placed in DFACS’ temporary legal custody by the Juvenile Court of Fulton County. On March 22, 2009, the twins and their older brother were placed with the foster parents, who were not interested in adopting the children at that time. When the foster parents became overwhelmed by caring for three very young children, DFACS initially determined that it would move all three children to another home, but later decided to move only the older child to another home. The foster mother testified that the older child “had some disciplinary issues, you know, acting out.”

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