In the Interest of J.N.F.

The biological mother of J. N. F. appeals from the juvenile court’s denial of her motion to modify or vacate the deprivation order that granted custody of her child to the maternal grandmother.1 Finding no abuse of discretion by the juvenile court, we affirm. The record reflects that J. N. F. was born on June 15, 2008. In October 2008, the child came into the emergency care of the Cherokee County Department of Family and Children Services “DFCS” based upon a lack of parental care and supervision. The juvenile court subsequently entered an order finding the child deprived under OCGA § 15-11-2 8 A2 and awarding temporary custody to the maternal grandmother for a period of 24 months, expiring on October 29, 2010.3 The court found that the child was without proper parental care or control and that the child’s deprivation was the result of the mother’s unrehabilitated substance abuse and her medical condition.4 In its order, the juvenile court noted that it would reconsider the custody issue if, among other things, the mother successfully completed substance abuse treatment. The mother stipulated to the finding of deprivation and did not appeal from the juvenile court’s order.5

Prior to expiration of the deprivation order, the mother filed her “Motion for Immediate Return of Custody” on September 18, 2009, contending that due to changed circumstances, it would be in the best interest of the child for her to regain legal and physical custody. The juvenile court thereafter conducted an evidentiary hearing on the motion and heard from the mother.