In the Interest of W. M.
In the Interest of W. M.
Opinion of the Court
The natural mother of W. M. and K. M. appeals from the judgment of the juvenile court terminating her parental rights. Viewed in the light most favorable to the juvenile court’s judgment, the record reveals the following chronology:
In support of the allegations, Dana Sharp, the DFACS case manager since November 1996, explained that since the children were initially placed in foster care, both parents had goals to “develop coping strategies to manage [the children’s] unruly behavior” while the parents learned to “release their feelings of frustration and anger in a non-threatening way.” The parents were to attend parenting classes, attend mental health counseling, have psychological evaluations and maintain visitation. Sharp informed both parents that the Citizens Review Panel was already recommending termination of parental rights by November 1996, “but there was still time to work on their case plan goals.” By then, appellant had begun seeing a Carroll County mental health counselor. In trying to locate the parents in order to reschedule a December visitation, Sharp was informed that appellant quit her job at the restaurant where she had been employed for four years. On December 12, 1996, the juvenile court ordered random drug tests of both parents, who became angry at this decision. Appellant canceled a scheduled visitation the next day and did not contact DFACS again until a hearing in May 1997, where appellant appeared and requested that Sharon Taylor, a relative in Ohio, be considered for placement of the two children. Pending the home evaluation of Sharon Taylor, appellant confirmed she had not submitted to a random drug test, claiming she was spending all her money on her car. Appellant missed a scheduled visitation in July 1997, because she had already moved to Ohio without informing her caseworker. In August, Sharp was informed that the Ohio home evaluation “had been denied.” Appellant has not had any contact with her children since November 1996. Despite working up to three jobs, she has never contributed to the support of the children and has never sent cards or presents.
According to the evaluation of R. Dwain Blackston, M.D., the
Appellant testified she has left her husband (who is in jail for driving under the influence) and offered proof that she was drug-free. But appellant could not confirm her drug tests were random. She stopped attending counseling because she thought her parental rights had already been terminated.
The juvenile court terminated the parental rights of both the natural father and appellant. She appeals, urging the evidence is insufficient. Held:
1. The standard of review on appeal from a termination of parental rights is whether, after reviewing the evidence in the light most favorable to the juvenile court’s disposition, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s right to custody should be terminated. “On appeal, ‘this court neither weighs [the] evidence nor determines the credibility of witnesses; rather, we defer to the [juvenile] court’s factfinding and affirm unless the appellate standard is not met.’ ” In the Interest of R. D. S. P., 230 Ga. App. 205 (495 SE2d 867).
2. Termination of parental rights requires a clear and convincing showing that the children are deprived due to parental misconduct or inability which is likely to continue or is not likely to be remedied, thereby causing serious physical, mental, emotional, or moral harm to the children. In the Interest of R. D. S. P., 230 Ga. App. at 206, supra. Lack of proper parental control may be shown by evidence of the parent’s past physical, mental, or emotional neglect of the child or of another child. OCGA § 15-11-81 (b) (4) (B) (v). In addition, where the children are not in the custody of the parent whose rights are at issue, the juvenile court shall consider whether lack of proper parental care and control is demonstrated by proof that the parent, without justifiable cause, failed significantly for a period of one year or longer prior to the filing of the petition to terminate parental rights to communicate or make a bona fide attempt to communicate with the child or children in a meaningful supportive way or failed
In the case sub judice, the juvenile court was authorized to conclude that appellant’s complete failure to support her children or to maintain any consistent meaningful and supportive contact with them for the year preceding the filing of the termination complaint was neither reasonable nor justified. Also, appellant failed to comply with court-ordered random drug testing. There is an unappealed finding of deprivation regarding appellant’s inability to protect W. M. from the inappropriate physical discipline of appellant’s husband, and there is no assurance that appellant will not return to her husband after he gets out of jail. This evidence was sufficiently clear and convincing to authorize the juvenile court’s determinations that the children were deprived and that such deprivation was likely to continue or likely would not be remedied. In the Interest of J. M. B., 231 Ga. App. 875, 878 (1) (b), (c) (501 SE2d 259).
Judgment affirmed.
Reference
- Full Case Name
- In the Interest of W. M., children
- Cited By
- 5 cases
- Status
- Published