In the Interest of A. P.

Clear and convincing evidence showed that the mother did not fully appreciate all that must still be done to protect and care for the child after her stepfather sexually abused her, particularly in the event that the stepfather returns to the home.

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After a hearing, the Juvenile Court of Paulding County declared A. P. deprived based on its finding that A. P.’s stepfather had sexually abused her and that she did not receive appropriate treatment and protection following her disclosure of that abuse. The child’s mother appeals, contending the trial court’s factual findings were not supported by clear and convincing evidence. Finding no error, we affirm. Georgia law defines a deprived child as, inter alia, “a child who. . .is without proper care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health or morals.” OCGA § 15-11-2 8 A. On appeal from a finding that a child is deprived, 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. This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court’s fact-finding and affirm unless the appellate standard is not met. Punctuation and footnote omitted. In the Interest of A. B. , 267 Ga. App. 466, 466-467 600 SE2d 409 2004.

Viewed in the light most favorable to the juvenile court’s judgment, the record shows the following. In June 2007, A. P.’s mother married A. P.’s stepfather, and she and her two children moved into the home of the stepfather’s parents. Six months later, when A. P. was nine years old, her stepfather started waking her up around 6:30 in the mornings to get her ready for school. As A.P. later disclosed, her stepfather, on many occasions, got into bed with her, wearing only a robe, and she felt his erect penis touching her vaginal area. A. P. eventually reported the abuse to a school counselor on February 27, 2008 during a “Good Touch, Bad Touch” class.

In the Interest of A. P.

Clear and convincing evidence showed that the mother did not fully appreciate all that must still be done to protect and care for the child after her stepfather sexually abused her, particularly in the event that the stepfather returns to the home.

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