X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mariano and Guadalupe Azua, the paternal grandparents of D. T. A. and K. F. A., petitioned for the termination of the parental rights of the children’s mother and father. The juvenile court granted the termination petition, and we granted the mother’s petition for discretionary review of that decision. Only the termination of the mother’s parental rights is at issue in this appeal. The mother contends that the evidence was insufficient to support the juvenile court’s decision. We find that the evidence was sufficient as to three of the four requirements set forth in OCGA § 15-11-94 b 4 A for finding the parental inability or misconduct necessary to terminate parental rights, but that as to the fourth requirement the juvenile court failed to enter the requisite findings of fact. Accordingly, we vacate the judgment and remand this case for appropriate findings. OCGA § 15-11-94 sets forth the procedure for termination of parental rights, which involves two steps. First, the juvenile court must find parental misconduct or inability, which under OCGA § 15-11-94 b 4 A requires clear and convincing evidence that: 1 the child is deprived; 2 the lack of proper parental care or control is the cause of the deprivation; 3 the cause of the deprivation is likely to continue; and 4 continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. Footnote omitted. In the Interest of J. R. N. , 291 Ga. App. 521, 525 2 662 SE2d 300 2008. The appellate court views the evidence in the light most favorable to the juvenile court’s ruling, see In the Interest of T. J. J. , 258 Ga. App. 312, 314 574 SE2d 387 2002, and its review is

limited to addressing the question of whether any rational trier of fact could have found by clear and convincing evidence that the parent’s rights should have been terminated. In this review, the appellate court must necessarily defer to the juvenile court’s fact finding, weighing of the evidence, and credibility determinations. Citations omitted. In the Interest of A. C. , 285 Ga. 829, 836 3 686 SE2d 635 2009.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The Office of the Special Commissioner of Investigation for the New York City School District ( SCI ) has broad authority to investigate wro...


Apply Now ›

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›