In the Interest of L. S. D.
In the Interest of L. S. D.
Opinion of the Court
The question in this case is whether a mother’s recent improvements in behavior require the juvenile court to deny a petition to terminate her parental rights. We hold they do not and affirm.
In 1994, appellant, the natural mother, twice struck her 14-year-old child, N. H., with a hammer and also attacked the child with a screwdriver, resulting in her guilty plea to a simple assault charge. N. H. was found to be deprived, and the reunification plan provided that appellant would develop coping skills and seek drug treatment.
In a 1996 deprivation hearing, appellant stipulated that she whipped and severely injured her two younger children (eight-year-old I. S. L. and eleven-year-old L. S. D.) with an electrical cord, resulting in her conviction on two counts of cruelty to children. Consequently, I. S. L. and L. S. D. were found deprived and placed in foster care while appellant worked on meeting the mandates of her reunification plans, including (1) improving her parental skills by attending parenting and anger management classes and (2) receiving evaluation and treatment for her chronic alcohol and drug abuse.
In November 1998, the Department of Family & Children Services (DFACS) petitioned to terminate appellant’s parental rights as to I. S. L. and L. S. D., alleging she failed to maintain a meaningful parental role and failed to comply with the court-ordered reunification plans.
Appellate review of parental termination orders is clear:
Construing the evidence most favorably to the findings of the court, the question on appeal is whether a rational trier of fact could have found clear and convincing evidence (a) of parental misconduct or inability and (b) that terminating parental rights was in the best interest of the child. Parental misconduct or inability is shown by evidence (i) the child is deprived, (ii) lack of parental care caused the deprivation, (iii) such is likely to continue, and (iv) the continued deprivation is likely to cause serious harm to the child.2
Appellant’s sole ground for appeal is that the evidence did not suffice to sustain a finding that her parental misconduct was likely to continue or would not likely be remedied. She does not contest that
“Evidence of past parental conduct resulting in deprivation may be considered in determining whether the deprivation is likely to continue and cause harm to the children.”
Here appellant engaged in egregious physical abuse of her children under the guise of discipline.
She also failed to meet reunification plan goals.
Appellant also failed to meet the visitation goals of the case plans.
Recent successful treatment for a disorder does not require the court to conclude that a parent’s long history of misconduct will now cease. First, the court need not accept that a disorder such as alcoholism was the sole cause of the misconduct, particularly where, as here, a psychological evaluation found other personality disorders independent of alcoholism. Second, a court may find that a parent’s conduct over the years is a better predictor of future conduct.
What weight to give recent improvements is a question for the trier of fact. Thus, “[i]n considering recent improvement, the trial court, not the appellate court, determines whether a parent’s conduct warrants hope of rehabilitation.”
Judgment affirmed.
N. H. has since reached the age of majority.
(Footnote and punctuation omitted.) In the Interest of A. M. L., 242 Ga. App. 121, 122 (1) (527 SE2d 614) (2000).
(Citations omitted.) In the Interest of C. M., 236 Ga. App. 874, 877 (2) (513 SE2d 773) (1999).
Id.; see A. M. L., supra, 242 Ga. App. at 123 (1) (c).
See OCGA § 15-11-81 (b) (4) (B) (iv).
See OCGA § 15-11-81 (b) (4) (B) (iii).
See OCGA § 15-11-81 (b) (4) (B) (ii).
See OCGA § 15-11-81 (b) (4) (C) (iii).
See also OCGA § 15-11-81 (b) (4) (C) (i).
A. M. L., supra, 242 Ga. App. at 123 (1) (c).
Id. at 124 (1) (c).
See, e.g., In the Interest of K. D. S., 237 Ga. App. 865-867 (1) (b), (c) (517 SE2d 102) (1999) (completing parenting class after filing of termination petition may be discounted, for “[n]ew compliance efforts after the filing of the termination petition are of questionable significance. fCit.]”).
(Footnote omitted.) A. M. L., supra, 242 Ga. App. at 124 (1) (c).
Reference
- Full Case Name
- In the Interest of L. S. D., children
- Cited By
- 18 cases
- Status
- Published