X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In April 2005, the Juvenile Court of Gordon County terminated the parental rights of the mother of four-year-old K. L. and twenty-two-month-old J. M. D.1 The mother appeals, contending the juvenile court erred in finding that the children would be harmed by their continued deprivation. We disagree and affirm. A termination of parental rights case involves a two-step analysis. First, there must be a finding of parental misconduct or inability, which requires clear and convincing evidence that: 1 the child is deprived; 2 the lack of proper parental care or control is the cause of the deprivation; 3 the cause of the deprivation is likely to continue; and 4 continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94 b 4 A i-iv. If these four factors exist, then the court must determine whether termination of parental rights is in the best interest of the child, considering the child’s physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. OCGA § 15-11-94 a. In reviewing a juvenile court’s decision to terminate parental rights, we view the evidence in the light most favorable to the juvenile court’s disposition and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody should be terminated. In so doing, we do not weigh the evidence or determine the credibility of witnesses; rather, we defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met. Footnotes omitted. In the Interest of T. L. , 279 Ga. App. 7, 10 __SE2d__ 2006. Viewed in this light, the record shows the following, relevant facts. K. L., a boy, was born in February 2001, and J. M. D., a girl, was born in June 2003. J. M. D. was born prematurely and had numerous health problems. She stayed in the hospital for three weeks and, when she was sent home, she was connected to an apnea monitor. On July 23, 2003, when J. M. D. had been home only a week, the Department of Children and Family Services “DFACS” visited the mother’s home to find out why J. M. D’s apnea monitor was not operating properly. During the visit, DFACS found that the mother was not using the apnea monitor and that the home was “filthy,” unsafe, and unfit for the children, with trash and broken glass on the floor. DFACS also found unexplained bruises on two-year-old K. L.’s back. DFACS removed the children, but soon returned K. L. to the mother pending a hearing. Shortly thereafter, the mother and K. L. were evicted from their home and started living in local motels. Although DFACS provided assistance to the mother, in August 2003, DFACS discovered that the mother and K. L. were living in a motel with no food. On August 20, 2003, DFACS removed K. L. and placed him in foster care. Between August 2003 and the date of the termination hearing, DFACS established reunification plans and provided substantial support to the mother in an effort to reunite her with the children.

The record further shows that the mother failed to fulfill the requirements of reunification case plans and that she neglected or was unable to meet the mental, emotional, and medical needs of the children. The mother did not have a job and lived with her parents, who were the payees of the mother’s monthly social security disability checks.2 The mother refused other offers of government assistance, such as food stamps and adult protective services. Although the mother had a history of abuse of amphetamine and methamphetamine and failed drug screens, she refused to get any drug treatment. There was also evidence of drug use by others in the home. In addition, the mother missed several appointments for psychological evaluations, refused to participate in counseling, repeatedly failed to meet with the therapist who came to her home to teach her proper parenting skills, and made only minimal progress in her parenting classes. The mother also missed 18 out of 49 scheduled visitations with the children. During many of the visitations, the mother was distracted, inattentive, and disinterested in the children. The children’s maternal grandmother usually attended visitation with the mother, and the two women sometimes became very hostile to one another and called each other names, such as “stupid” and “moron,” in front of the children. This hostility caused K. L. to try to hide in a corner or under a table.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›