In the Interest of D. A.
In the Interest of D. A.
Opinion of the Court
This appeal is by the teenage mother of an infant child from a juvenile court order finding the child deprived and transferring legal custody (temporary) of the child to the teenage mother’s aunt. The juvenile court entered this order to protect the five-month-old child and to provide the underage mother a chance to learn parenting skills and reach her goal of family reunification. Because there is proof that the child’s tender age and medical disorder requires that the child receive constant care and that the mother is not able to provide this care or supply the child with a stable home, the juvenile court did not err in temporarily placing the child with the mother’s nearest responsible relative — the mother’s aunt.
The evidence adduced at the deprivation hearing reveals that the mother lost custody when the child was admitted to a hospital’s emergency room (three months after the child’s birth) and treated for a life-threatening breathing disorder. The emergency room physician testified that he became concerned for the child’s safety because the mother did not appear to be attentive when he provided her with instructions for treating and responding to the child’s life-threatening breathing disorder. A hospital social worker testified that she became concerned for the child’s safety when she discovered during the emergency room visit that the mother was emotionally depressed; that the mother was unable to provide for herself or the child and that the mother had considered hurting herself. The teenage mother testified that she was fourteen years of age; that she was attending school and that she was in the ninth grade. She also testified that her mother, to whom she is a dependent, was not able to support her financially; that she (the mother) was residing with her aunt (to whom temporary custody of the child was awarded) and that this aunt is her sole source of food and shelter. She admitted that she had resided with relatives, in crowded living conditions, in three different locations since the child’s birth; that she is unemployed; that she has an “attitude problem” which caused her to be placed in an alternative school and that she had missed two out of five visits with
The mother challenges the sufficiency of the evidence in two enumerations of error, arguing that there is no clear and convincing evidence that the child is deprived.
The mother is correct in arguing that there must be clear and convincing evidence to support a finding of deprivation. OCGA § 15-11-33 (b) (1); In re Suggs, 249 Ga. 365 (291 SE2d 233). But she is incorrect in inferring that her circumstances are the primary factor in determining whether the child is deprived. The definition of a deprived child, under OCGA § 15-11-2 (8) (A), focuses upon the child’s needs — not parental fault. See In the Interest of J. P., 267 Ga. 492 (480 SE2d 8). The controlling factor is whether the child is provided with proper parental care or control or other care or control necessary for the child’s physical, mental, or emotional health or morals. Resolution of this issue is for the juvenile court. It is this Court’s duty to review the evidence in the light most favorable to the juvenile court’s judgment and determine whether any rational trier of fact could have found by clear and convincing evidence that the child was deprived and whether, under the circumstances, the court properly awarded temporary custody of the child. In the Interest of S. S, 232 Ga. App. 287, 289 (501 SE2d 618). See OCGA § 15-11-41 (b). This Court neither weighs the evidence nor determines the credibility of witnesses. We instead defer to the trial court’s factfinding and affirm unless the appellate standard is not met. In the Interest of S. S., 232 Ga. App. at 289, supra.
It appears undisputed in the case sub judice that the maternal grandmother is unemployed and unable to assist the mother or provide the mother and the child a place to live. It is also undisputed that the child’s father is unable to provide for the child. These circumstances, evidence that the child requires constant monitoring and care due to a life-threatening medical condition and proof that
Judgment affirmed.
Reference
- Full Case Name
- In the Interest of D. A., a child
- Cited By
- 8 cases
- Status
- Published