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In the Interest of J. C. W. and J. C. W.

The rehearing court based its order, awarding long-term custody of three-year-old twins to their maternal aunt and uncle until their 18th birthday, upon the erroneous legal conclusion that OCGA § 15-11-58 i 1 includes a preference for relative placement.

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In the third appearance of these parties before this court,1 three-year-old twins, J. C. W. and J. C. W., appeal from a juvenile court order awarding long-term custody until their 18th birthday to their maternal aunt and uncle. The children assert that this court should reverse the juvenile court because 1 it lacked jurisdiction; 2 it wrongly concluded that the Juvenile Code establishes a preference for relative placement; 3 it failed to find that termination of parental rights and adoption by the foster parents was in the twins’ best interest; 4 it failed to conduct a de novo rehearing; 5 it erred by finding the existence of a conditional stipulation to nonreunification and placement; 6 it abused its discretion by ruling the foster mother’s testimony inadmissible; and 7 it erroneously entered its order nunc pro tunc. For the reasons explained below, we vacate the juvenile court’s order with direction.

Juvenile Court Proceedings2 The record shows that twins were born on February 10, 2009, and their older brother Ja. C. W. was born on October 12, 2007. On March 21, 2009, the juvenile court entered an order authorizing shelter care for the three children based upon the risk of “inappropriate or no supervision.” The following day, all three children were placed in the care of one foster family working with a private agency, Giving Children a Chance of Georgia “GCAC”. At the time of the placement, the foster parents did not intend to adopt any children.

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