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In the Interest of T. S. T.

The reunification requirements set forth in O.C.G.A. § 15-11-58 a did not apply to a father's private petitions to terminate his former wife's parental rights.

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In these consolidated cases, Larry Samuel Thurmond appeals from the August 27, 2001 juvenile court order dismissing his petitions to terminate his former wife’s parental rights to their three minor children, T. S. T., J. V. T., and L. C. T. His suits were private termination actions; the Department of Family and Children Services was not involved. Citing OCGA § 15-11-58 a, the juvenile court dismissed the petitions as premature because Thurmond had not sought a reunification plan or pleaded facts that would lead to a conclusion that a reunification plan was not required. Because a reunification plan is not mandated by this Code section under the facts of this case, we reverse that portion of the court’s order dismissing the petition as premature.

Several months after Thurmond’s appeal was docketed, this Court concluded that OCGA § 15-11-58 a applied to deprivation petitions brought by private individuals because, at the time, there was nothing in the language of that Code section specifically limiting its application to cases initiated by the Department of Family and Children Services. In the Interest of J. W. K., 254 Ga. App. 661 563 SE2d 514 2002. Shortly after this decision issued, however, the legislature amended OCGA § 15-11-58 a as follows:

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