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In the Interest of D.Q. and J.Q.

Deprivation judgment affirmed based on testimony that children were not receiving adequate support for their mental health issues; their uncontrolled behavior related to these issues negatively affected their academic and social well-being, their mother failed to utilize available resources to address the children's problems.

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The mother of D. Q. and J. Q. appeals from the order of the juvenile court finding the children to be deprived. She challenges the sufficiency of the evidence, contending that there was no clear and convincing evidence of emotional or physical abuse and that the evidence showed that she had provided the children with the required counseling. On appeal from a juvenile court’s order finding deprivation, we review the evidence in the light most favorable to the juvenile court’s judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the child was deprived. In doing so, we neither weigh the evidence nor determine the credibility of witnesses; instead, we defer to the trial court’s factfinding and affirm unless the appellate standard is not met. Citations, punctuation and footnotes omitted. In the Interest of H. S. , 285 Ga. App. 839 648 SE2d 143 2007. So viewed, the evidence shows that in January of 2009, the Douglas County Department of Family and Children Services “DFACS” received a referral regarding 14-year-old D. Q. The mother had taken D. Q. to Douglas Wellstar Hospital and requested that he be admitted for his behavior, and when the hospital would not admit the child because he did not fit the admission criteria, the mother refused to take him home. The mother admitted to staff that she bit D. Q. during the altercation.

Upon the mother’s request for assistance with D. Q., the case manager referred the family for in-home services. The mother, however, refused to sign a release for D. Q.’s medical and mental health history. She told the case worker that she would provide DFACS with the information. The mother signed a safety plan which referenced her request for “assistance with interventions for D. Q. in the event that he attacked her.” Neither child was removed from the home.

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