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In re I. M. G.

The juvenile court erred in admitting testimony from a psychotherapist, who was providing mental health treatment to the mother, in a parental termination proceeding.

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The parents of I. M. G. & H. N. G. appeal the termination of their parental rights. On appeal from an order of termination, this Court views the evidence in the light most favorable to the juvenile court’s decision and determines whether any rational trier of fact could have found by clear and convincing evidence that the parents’ right to custody should have been terminated. In re K. N. , 272 Ga. App. 45 611 SE2d 713 2005. In making that determination, we neither weigh the evidence nor assess the credibility of any witnesses, but instead defer to the juvenile court’s factual findings. In the Interest of J. G. J. P., 268 Ga. App. 614 602 SE2d 320 2004.

Viewed in that light, the evidence shows that the Department of Family and Children Services initially became involved with I. M. G. and H. N. G. in May 2001 after receiving a referral that the family home was filthy and cluttered. During the initial investigation, DFACS became aware that the mother and father slept with the children in one room where sexual toys and pornographic movies were kept. DFACS provided ongoing services to the family, including a safety plan that stated that the children’s maternal grandmother was not to babysit the children.1 In December 2002, the children’s father was arrested for child molestation and indecent exposure in Cobb County in connection with a child other than I. M. G. and H. N. G. As a result of the husband’s incarceration, the mother was unable to provide for the children and agreed to their placement with a family friend, whose home had been approved by DFACS.

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