This case has previously appeared before this Court. In the Interest of J. B. C. , 261 Ga. App. 7, 8 581 SE2d 665 2003. In the earlier appeal we agreed with the appellant/mother that the juvenile court should have considered her sister as a possible placement for J. B. C. and A. H. P. following the termination of the mother’s and fathers’ parental rights, and remanded the case so that the aunt could be evaluated for that purpose. Id. at 8. On remand, the juvenile court ordered the Department of Family and Children Services DFACS to evaluate the aunt, and then held a hearing after the evaluation was completed. The juvenile court found that the aunt was a suitable relative with whom to place the children, but that it was not in the children’s best interests to be placed with her. The court then ordered that the children be placed in the custody of DFACS, so that they could be adopted by their foster parents. The mother appeals. As the juvenile court noted, OCGA § 15-11-103 gives the court direction concerning placement following a termination order.1 That section provides in relevant part as follows: a 1 If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child’s extended family if such a person is willing, and after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. . . . b A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. “A trial court’s determination that placement with a relative is not in the best interest of the child will not be disturbed by this Court absent an abuse of discretion.” In the Interest of S. H. , 251 Ga. App. 555, 559 2 553 SE2d 849 2001.
In this case the court found and the record shows, among other things, that the aunt was twenty-five years old and lived in a two-bedroom apartment with her three children. She worked in a fast-food restaurant approximately 50 hours a week to support her family, and she received no financial assistance from any of her children’s fathers. Evidence was presented that the aunt had been considered as a possible placement on two to three other occasions, but that the evaluation had never been completed because of the aunt’s failure to follow through. The aunt admitted this failure to follow through, but testified that she thought that the small size of her apartment would disqualify her from consideration.
