In the Interest of A. R. A. S.

The Juvenile Court of Murray County terminated the parental rights of the mother and legal father of five-year-old A. R. A. S. The child’s mother appeals, contending the trial court erred in permitting the petitioner to call her as an adverse witness pursuant to OCGA § 24-9-81 and challenging the sufficiency of the evidence. Finding no error, we affirm. 1. The mother contends that, by permitting the petitioner to call her as an adverse witness, subject to cross-examination, the trial court deprived her of due process in violation of the Fourteenth Amendment to the United States Constitution and Article I, Section I, Paragraph I of the Constitution of the State of Georgia. The mother also argues in terms of constitutional liberty and privacy interests. Although the mother objected at trial to being called as an adverse witness, the transcript shows that the constitutional challenges were not clearly raised in the trial court and distinctly ruled upon;1 accordingly, we need not transfer this case to the Supreme Court of Georgia, and we do not address the mother’s constitutional arguments here. Senase v. State, 258 Ga. 592 372 SE2d 813 1988; In re A. A. , 253 Ga. App. 858, 862 3 560 SE2d 763 2002.

We note that OCGA § 24-9-81 explicitly authorizes litigants in all civil cases to call their opponents for cross-examination,2 as the mother concedes. It is well settled that parental termination actions are civil cases under Georgia law. In Interest of A. M. R. , 230 Ga. App. 133, 136 2 495 SE2d 615 1998. See also Quire v. Clayton County Dept. of Family & Children Services , 242 Ga. 85, 87 249 SE2d 538 1978 termination of parental rights does not fall in “the quasi-criminal area”; In Interest of A. H. P. , 232 Ga. App. 330, 334 500 SE2d 418 1998 termination of parental rights is “more civil in nature than criminal” citations and punctuation omitted. Furthermore, a child’s parent is deemed a “party” to proceedings involving her child. Sanchez v. Walker County , 237 Ga. 406, 410-411 229 SE2d 66 1976. Thus, on its face OCGA § 24-9-81 applies to termination cases.