In the Interest of D. N. B.
In the Interest of D. N. B.
Opinion of the Court
L. B., the biological mother of D. N. B., appeals an order terminating her parental rights. In this appeal, she disputes two factual findings entered by the juvenile court. We find no error, however, and affirm.
When so reviewed, the evidence shows that L. B. had a lengthy history of neglecting her daughter and failing to satisfy the child’s fundamental needs.
On August 15, 2000, the juvenile court placed D. N. B. into the temporary custody of the Bartow County DFACS. The custody order included a finding that D. N. B. was deprived as defined by OCGA § 15-11-2 (8) (A). The court found that the causes of the deprivation were: “[instability of residence and possibly employment”; the mother’s poor parenting skills, “most particularly by choice of caretakers”; medical neglect of the child; and “[p]hysical abuse of the child by casual, unrelated caretakers.” On November 1, 2000, the juvenile court entered a supplemental order that listed eight mandatory requirements for L. B.’s reunification with D. N. B.:
1. [L. B.] shall obtain and maintain safe and stable housing.
2. [L. B.] shall become and remain financially stable.
3. [L. B.] shall insure that [the child’s] medical needs are met.
4. [L. B.] shall protect [the child] from physical and sexual abuse.
*483 5. [L. B.] shall obtain a psychological evaluation and follow its recommendations.
6. [L. B.] shall maintain contact with [the child] by visiting her at least twice a month.
7. [L. B.] shall financially support [the child] while she is in foster care [make weekly payments of 20 percent of her gross income to DFACS].
8. [L. B.] shall cooperate with the Bartow County DFACS, maintaining at least weekly contact and informing the Department of any changes in her employment or living situation.
The juvenile court warned that “before reunification can be achieved,” L. B. had to substantially comply with all eight elements of this plan.
After D. N. B. had been in state custody for more than a year, DFACS petitioned for termination of the mother’s parental rights.
Although L. B. belatedly did obtain the mandatory psychological evaluation, she failed to pursue any of the psychologist’s recommendations. The licensed clinical psychologist, who tested and interviewed her, diagnosed L. B. as meeting the criteria for avoidant personality. According to the psychologist, L. B. blamed others for her problems, made excuses, and did not accept responsibility for her child or for her own life. He noted that she had difficulty forming stable relationships as reflected by the recurring pattern displayed in her four marriages in which she married abusive and irresponsible men. In his professional opinion, the mother’s prognosis for change
Other evidence showed that L. B. missed visits or showed up late for scheduled visits with D. N. B. and did not maintain the requisite contact by visiting D. N. B. at least twice a month. In addition, a caseworker testified that L. B. failed to maintain regular contact with DFACS and often could not be reached by telephone or mail.
Nor did she provide the requisite financial support for D. N. B. while she was in foster care. Although L. B. testified otherwise, records kept by DFACS indicated that she did not make the weekly child support payments as the plan required and had made only a single isolated payment of $225 during the entire time D. N. B. was in state custody. A caseworker testified that L. B. was approximately $2,500 in arrears in her child support obligation.
Based on the evidence, the juvenile court decided that L. B. had “substantial parenting deficits” and found “present, clear and convincing evidence that there is parental misconduct or inability in this case.” In a highly detailed order, the court terminated her parental rights.
1. L. B. contends that the juvenile court erred in finding clear and convincing evidence that she had wilfully failed to complete her reunification plan with the Bartow County DFACS. She claims that she “substantially complied” with the plan. She points out that she remained employed, obtained the psychological evaluation, visited her child, and generally “made efforts to comply with the plan.” She asserts that she tried to maintain stable housing and claims that-she was unable to visit her daughter because DFACS had placed D. N. B. in another county with, her biological father who spanked D. N. B. with a belt and left her unsupervised. L. B. reiterates the same willingness she espoused at the hearing to undergo counseling, to take parenting classes, and to submit to random drug screens. She urges this court to remand her case for the juvenile court “to establish a new reunification plan.”
In termination of parental rights cases, we do not weigh the evidence or assess witness credibility; instead, we defer to the juvenile court’s factfinding unless the evidence fails to satisfy the appellate standard of review.
Notwithstanding her protestations to the contrary, the record is
Evidence of past conduct may properly be considered in determining whether the deprivation would be likely to continue if the child were returned to the parent.
Judgment affirmed.
In the Interest of D. B., 242 Ga. App. 763 (531 SE2d 172) (2000).
In the Interest of Z. B., 252 Ga. App. 335 (556 SE2d 234) (2001).
While in the custody of others, D. N. B. was subjected to sexual and physical abuse.
After DFACS obtained custody of the child, Dr. Patricia Gore, a licensed psychologist, began counseling her. D. N. B. needed treatment for reactive attachment disorder and post-traumatic stress disorder.
The father surrendered his parental rights to D. N. B. on June 19, 2001.
In the Interest of D. B., supra, 242 Ga. App. at 763.
In the Interest of Z. B., supra, 252 Ga. App. at 335.
In the Interest of J. O. L., 235 Ga. App. 856, 858 (510 SE2d 613) (1998).
See In the Interest of A. M. V., 222 Ga. App. 528, 531-532 (474 SE2d 723) (1996).
See In the Interest of M. J. T., 217 Ga. App. 356, 358 (457 SE2d 265) (1995).
Reference
- Full Case Name
- In the Interest of D. N. B., a child
- Cited By
- 13 cases
- Status
- Published