On July 2, 2002, the Troup County Department of Family and Children’s Services “DFCS” filed a deprivation petition in the Juvenile Court of Troup County against the unmarried parents and joint custodians1 of the minor female child, M. E. the “child”, then age two, averring that the child was deprived and requesting that she be placed in DFCS’s temporary protective custody. The father filed his verified petition for change of custody in the County’s superior court two weeks later, requesting that physical custody of the child be transferred to him upon the claim that the child’s mother was unfit. After multiple hearings, the juvenile court found the child to be deprived and transferred temporary custody of the child to the father. The child’s mother appeals from the order of the juvenile court, contending: 1 that the juvenile court erred in finding that she deprived the child; 2 that the juvenile court erred in “awarding” physical custody of the child to the father; and 3 that the juvenile court erred in ordering the parents to refrain from subjecting the child to further examinations for sexual abuse absent the involvement of a law enforcement investigator. Through new counsel on appeal, the mother also contends: 4 that she received ineffective assistance of counsel; 5 that the court erred in allowing the father’s attorney to “testify” during the hearings; 6 that the court erred in allowing the father to impeach her character by evidence of her criminal history; 7 that the court erred in admitting evidence of the father’s polygraph test result; and 8 that the court erred in considering privileged information. The juvenile court’s finding as to custody was in the nature of a recommendation to the superior court.2 As such the custody issue remains pending below and is not before this Court on appeal. OCGA § 5-6-34 a; Stallings v. Chance , 239 Ga. 567 238 SE2d 327 1977. Finding the child deprived, and the remaining enumerations of error to be without merit, we affirm.
On March 25, 2001, nine days after the superior court awarded the parents joint legal custody of the child upon granting the father’s legitimation petition, the mother took the child to the emergency room, complaining that the child was screaming and crying after visiting her father. The mother asked that the child be examined for signs of physical or sexual abuse. The treating physician found no evidence of abuse and diagnosed the child with throat and ear infections.
