In the Interest of I. W.

The evidence clearly and convincingly demonstrated that the 9-year-old child's biological father had physically, mentally and emotionally neglected her.

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I. W.’s biological father appeals the juvenile court order finding nine-year-old I. W. deprived and ordering that long-term custody be granted to the child’s maternal aunt rather than him. We find no error and affirm the juvenile court’s order. The record shows that I. W.’s mother died on December 1, 2008, and I. W. began residing with her maternal aunt when her mother entered the hospital shortly before that time. The mother had never married I. W.’s biological father, and the biological father had never legitimized I. W. In June of 2009, the maternal aunt sought the assistance of the Clayton County Department of Family and Children Services the “Department” in obtaining custody of I. W. On August 5, 2009, the Department filed a complaint and deprivation petition that alleged I. W.’s mother was deceased and her biological father had informed the Department he was unable to care for I. W. because his job required him to travel. The complaint further alleged that I. W. had resided with her maternal aunt since her mother’s death and that the Department was “in the process of doing a home study on the home of the maternal aunt.”

On September 10, 2009, I. W.’s father filed a motion to intervene in the juvenile court and noted that DNA results showed him to be the biological father of I. W. The juvenile court issued an order of legitimation on October 26, 2006. The father subsequently filed a petition to dismiss the deprivation hearing, asked that he not be required to attend the hearing because it was unnecessary, and asserted that “if no further notice was given, he would not be in attendance for this hearing as it was no longer necessary.” The juvenile court did not grant the father’s motion to dismiss or excuse his absence at the deprivation hearing. Nevertheless, the father failed to attend the deprivation hearing.

In the Interest of I. W.

The evidence clearly and convincingly demonstrated that the 9-year-old child's biological father had physically, mentally and emotionally neglected her.

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