In the Interest of J. M.
In the Interest of J. M.
Opinion of the Court
Following a hearing, a juvenile court terminated Theresa’s parental rights to her minor sons, J. M. and J. W. The question on appeal is whether the Worth County Department of Family & Children Services (“DFACS”) presented clear and convincing evidence that the continued deprivation of the children would or was likely to cause serious physical, mental, emotional, or moral harm to the children. We hold that such evidence was not presented and therefore reverse.
In October 1993 when J. W. and J. M. were three and five years old respectively, DFACS removed the children from the care of Theresa on the grounds that she was not providing primary care and supervision, that there was alcohol use and domestic violence in the home, and that she frequently left the children in the care of others with her whereabouts unknown. Over the next seven years DFACS created ten reunification plans, requiring Theresa to maintain her mental health, to maintain her parent-child bond with the children, to maintain a safe and sanitary home, to remain alcohol and drug free, and to demonstrate appropriate parenting skills. She failed to maintain a safe and sanitary home, failed to display appropriate
Evidence showed that during a 76-day period when she was allowed temporary physical custody of J. M., she (1) permitted him without excuse to miss nine days of school (he had missed only one day before this), (2) was twice incarcerated for a total of eleven days, and (3) was confined for five days to a psychiatric ward for manic depression. Over the years she maintained irregular contact with DFACS, exhibited irrational behavior, threatened caseworkers, and was arrested or convicted at various times for distributing obscene material, for stalking, for prostitution, for criminal trespass, and for obstructing an officer. In October 2000, the juvenile court held a hearing to consider a petition to terminate her rights, which petition was granted. She appeals, arguing the evidence was insufficient.
On appeal of an order terminating parental rights, we consider whether under the evidence, as viewed in the light most favorable to DFACS, any rational trier of fact could have found by clear and convincing evidence that the statutory criteria for terminating parental rights were proven.
1. Deprivation. That the children are deprived was a finding of the juvenile court in an unappealed deprivation order of January 2000. The juvenile court judicially noticed its prior orders at the hearing and in its termination order of December 6, 2000. The determination of deprivation is binding on Theresa and satisfies the first factor.
2. Lack of Parental Care or Control. In determining lack of parental care or control, a court shall consider, among other things, (i) a medically verifiable deficiency of the parent’s mental or emotional health that renders the parent unable to provide adequately
As the children were not in Theresa’s custody, the court could also consider whether she failed significantly, for a period of one year or longer, to develop and maintain a parental bond with the children in a meaningful, supportive manner or to comply with the reunification plans.
Other evidence showed that Theresa was unable during a 76-day trial period to keep her son regularly in school and that during that same period she had two incarcerations for a total of eleven days and spent five days away from home in psychiatric treatment. Her constant difficulties with the law, her failure to cooperate and maintain regular contact with DFACS, her irrational behavior, her threats to caseworkers, and the other evidence cited above lead us to the conclusion that a rational trier of fact could have found clear and convincing evidence that she lacked proper parental care and control, resulting in the children’s deprivation.
3. Cause of Deprivation Likely to Continue. Theresa’s continued behavior as demonstrated over the seven years the children have been in the custody of DFACS supports the juvenile court’s conclusion that the cause of the deprivation is likely to continue.
In the Interest of K. J.
Moreover, as in K. J., our own review of the record fails to yield any evidence on this issue.
Judgment reversed.
In the Interest of E. C., 225 Ga. App. 12, 13 (482 SE2d 522) (1997); see OCGA § 15-11-99.
OCGA § 15-11-94 (a); see E. C., supra, 225 Ga. App. at 14.
OCGA § 15-11-94 (b) (4) (A) (i)-(iv); E. C., supra, 225 Ga. App. at 14.
In the Interest of R. G., 249 Ga. App. 91, 93 (1) (a) (547 SE2d 729) (2001); E. C., supra, 225 Ga. App. at 14-15.
OCGA § 15-11-94 (b) (4) (B) (i)-(iii).
OCGA § 15-11-94 (b) (4) (C) (i), (iii).
In the Interest of A. M. L., 242 Ga. App. 121, 123-124 (1) (c) (527 SE2d 614) (2000) (mother’s conduct over seven years may be a good predictor other future conduct).
In the Interest of L. S. D., 243 Ga. App. 626, 627 (534 SE2d 109) (2000); E. C., supra, 225 Ga. App. at 16.
226 Ga. App. 303 (486 SE2d 899) (1997).
Id. at 306-307 (2) (a).
Id. at 307 (2) (b).
(Citation and punctuation omitted.) Id.
(Citations and punctuation omitted.) Id.
Id. at 307-308 (2) (b).
See id. at 308 (2) (b).
Id. at 309 (2) (b).
Reference
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- In the Interest of J. M., children
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