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In the Interest of T. P.

The juvenile court erred in terminating the mother's parental rights in the absence of evidence that the child's continued deprivation would harm him.

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The mother of T. P. appeals from the juvenile court’s order terminating her parental rights. She argues that the evidence was insufficient to sustain the juvenile court’s findings of fact. Because we find that the state failed to present clear and convincing evidence that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child, we reverse. On appeal from an order terminating parental rights, this Court reviews the evidence in the light most favorable to the juvenile court’s disposition to determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent’s right to custody should be terminated. In making this review, we neither weigh the evidence nor determine the credibility of witnesses, but instead defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met. In re J.G.J.P,. 268 Ga. App. 614 602 SE2d 320 2004.

The Department of Family and Children Services opened a child protective services file on T. P. in February, 1999, to investigate whether the child was living under unsanitary conditions and was inadequately supervised. DFACS prepared a case plan and monitored the child’s living conditions. The child came into DFACS’s custody on May 24, 2000, after a neighbor anonymously reported that he was playing unsupervised near the road and was almost struck by a car. He was five years old at the time.

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