In the Interest of J.W.K.

Former O.C.G.A. § 15-11-58 was inapplicable to a private child deprivation proceeding where the juvenile court did not order removal of the child from his home.

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We granted certiorari to consider the Court of Appeals’ ruling in In the Interest of JWK, a child 1 that the juvenile court erred by holding that OCGA § 15-11-58 which sets forth the reunification efforts required in deprivation actions does not apply to this private child deprivation proceeding. As explained below, we conclude that by its express terms, section 15-11-58 does not apply to this case because the juvenile court did not order the removal of the child from his home. Furthermore, we conclude that section 15-11-58, as written at the time of the juvenile court ruling in this case, was not intended to apply to private deprivation proceedings. Therefore, we reverse. JWK was born in 1991. His biological mother is the appellee and his biological father is deceased. When JWK was between one and two years old, his mother began leaving him overnight with his paternal aunt and uncle. By the time JWK was two years old, his mother left him with his aunt and uncle on what amounted to a full-time basis. The mother would typically visit JWK once a week, occasionally taking him to her home for an overnight stay, but always returning him to his aunt and uncle’s home. When JWK was five years old, his mother was hospitalized for addiction. When discharged, she stayed with JWK’s aunt and uncle for approximately six weeks, until her boyfriend was released from jail. At that time, the mother moved in with her boyfriend, leaving JWK behind at his aunt and uncle’s home. Thereafter, the mother’s visits with JWK became more sporadic. Eventually, she saw JWK approximately once a month and on occasions such as birthdays and Christmas.

JWK is now almost twelve years old and has lived with his aunt and uncle for close to ten years. He is a straight ‘A’ student and his Iowa Test of Basic Skills scores are in the top five percent of the nation. He is highly thought of by his teachers and peers. JWK’s biological mother has shown little, if any, interest in his education.

In the Interest of J.W.K.

Former O.C.G.A. § 15-11-58 was inapplicable to a private child deprivation proceeding where the juvenile court did not order removal of the child from his home.

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