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In the Interest of J.B.

The trial court erred in treating its finding that children were deprived as part of the custody determination in parents' divorce proceeding, and in refusing to make separate, specific findings of fact in support of that finding.

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Kimberly Smith Brown appeals the trial court’s finding that her children are deprived pursuant to OCGA § 15-11-2 8, contending that: 1 the trial court employed incorrect standards in making its determination of deprivation; 2 she received insufficient notice of the deprivation hearing; and 3 the evidence supporting the court’s ruling was neither clear nor convincing. Because the trial court employed incorrect standards and, therefore, failed to make appropriate findings of fact sufficient to support its finding of deprivation, we must vacate its finding of deprivation and remand this case.

The record shows that Scott and Kimberly Brown are the parents of two minor children, a boy and a girl. During divorce proceedings, Kimberly Brown accused her husband of molesting her daughter, and the trial court awarded sole physical custody of the children to Kimberly Brown on May 12, 1988. As part of this custody order, the trial court directed Kimberly Brown to 1 take her children to a therapist for an abuse evaluation to gauge the merit of the accusations of abuse and 2 keep her daughter away from her maternal grandparents and others who might be influencing the child’s testimony.

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