In the Interest of L. B.

The language of OCGA § 15-11-30.1 a 2 A does not restrict the juvenile court's jurisdiction to appoint a permanent guardian to only those children in DFCS custody.

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Vanessa Samuels mother appeals from an order issued by the Douglas County Juvenile Court granting permanent guardianship of her son, L. B., to her aunt, Vere Harper great-aunt. On appeal, the mother contends that there was no showing on the record that L. B. had been adjudicated deprived, and thus the juvenile court was without authority to appoint a permanent guardian for L. B. under OCGA § 15-11-30.1. The mother also argues that the juvenile court was without authority to grant the permanent guardianship on the theory that OCGA § 15-11-30.1 requires that the child be placed in the custody of the Division of Family and Children Services “DFCS” prior to the appointment of a permanent guardian. We disagree and affirm.

Viewed in the proper light, the record shows that in 2009, the Division of Family and Children Services became involved in L. B.’s welfare after he suffered a broken arm and a broken tooth. After the housing assistance the mother received through DFCS ended abruptly, L. B.’s mother asked his great-aunt to care for L. B. so that she could look for a job and an apartment. The great-aunt agreed, and petitioned the Probate Court of Douglas County for temporary guardianship of L. B. Several months later, L. B.’s mother attempted to remove him from his great-aunt’s home, but the great-aunt did not allow her to do so and advised the Probate Court of the danger of removal. The Probate Court then transferred the case to the Juvenile Court of Douglas County on January 4, 2010, and counsel was appointed to represent the mother. During a hearing, L. B.’s mother told the trial court that she did not wish to dissolve the temporary guardianship at that time.

In the Interest of L. B.

The language of OCGA § 15-11-30.1 a 2 A does not restrict the juvenile court's jurisdiction to appoint a permanent guardian to only those children in DFCS custody.

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