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In re: A.C.

OCGA § 5-6-35a12 does not violate the constitution's equal protection clause.

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This Court granted a discretionary appeal in this termination-of-parental rights case to address: whether a challenge to the constitutionality of a statute governing appellate procedure that is made for the first time on appeal constitutes an exception to the general rule that this Court will not consider a constitutional challenge to a statute unless it was raised and ruled on in the trial court; if such a challenge is an exception to the general rule, whether OCGA § 5-6-35 a 12, which requires an application for appeal from an order terminating parental rights, is constitutional; and whether the juvenile court erred in terminating the father’s parental rights in this case. For the reasons which follow, we conclude that the present constitutional challenge to OCGA § 5-6-35 a 12 is properly before the Court, that the challenge is unsuccessful on the merits, and that it was not error to terminate the father’s parental rights.

The female child, A.C., was born on May 25, 2003. The child’s father had entered negotiated pleas of guilty to two counts of child molestation and one count of cruelty to children in the first degree on August 25, 2000, and the Superior Court of Cobb County had sentenced the father to ten years to be served on probation. On October 20, 2003, a warrant issued for the father’s arrest pursuant to a petition for revocation of the father’s probation because he was living in the same home as his infant daughter, A. C., in violation of the terms of his probation. The father left Cobb County with A.C. and A.C.’s mother.

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