In the Interest of J. C.
In the Interest of J. C.
Opinion of the Court
The mother and father of the minor children J. C., T. C., and S. C. appeal from the order of the Juvenile Court of Cherokee County finding their children to be deprived. They claim that the evidence adduced at the deprivation hearing was insufficient to support the juvenile court’s findings. We disagree and affirm.
In considering the mother and father’s appeal from the juvenile court’s deprivation order, “we review the evidence from the juvenile court hearings in the light most favorable to the court’s judgment and determine whether any rational trier of fact could have found by clear and convincing evidence that the children were deprived.”
Perry Marshall, a social worker for the Cherokee County School
Marshall brought the school attendance records for T. C. and J. C. to the hearing, and the records were admitted into evidence. The records showed that T. C. had twenty unexcused absences and five excused absences during the 2002-2003 school year. During the 2001-2002 school year, T. C. was absent 32 times, 26 of which were unexcused. In the 2000-2001 school year, T. C. had nine unexcused absences and seven excused absences. During 1999-2000, T. C. had 26 unexcused absences and 21 excused absences.
For the 2002-2003 school year, J. C.’s records show she was absent 23 times, all of which were excused. During the 2001-2002 school year, J. C. had twenty-four unexcused absences and two excused absences. In 2000-2001, J. C. had 13 unexcused absences from school, and in 1999-2000, J. C. had 29 unexcused absences.
Both the mother and the father testified at the deprivation hearing that they had used marijuana in January or February 2003. Although the Department asked the father that he take a drug screening test shortly before the hearing, he did not do so. The mother testified that she and the father went to a counselor for a drug and alcohol assessment, but she was unable to testify as to the results of the assessment other than that she received “a list of things I could do.” The mother also testified that she and the father had undergone two drug screening tests, but neither the Department nor the parents introduced the results, if any, of these tests.
The parents contend that the evidence was insufficient to support the juvenile court’s findings that the children were deprived due to (1) educational neglect, (2) the parents’ drug abuse, and (3) the parents’ neglect in failing to have adequate food in the house. A deprived child is a child who is “without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child’s physical, mental, or emotional health or morals.”
Relying on In the Interest of A. G. I.,
2. Substance abuse. The parents contend that the evidence was insufficient to support the trial court’s findings that the children were deprived by reason of their drug use. The parents testified that, acting independent of one another, they each tried marijuana for the
A deprived child includes a child without proper parental care or control.
[e]xcessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child.13
The parents’ admission of isolated drug use, considered alone, may not be clear and convincing evidence that they could not provide for the “physical, mental, emotional, or moral condition and needs” of the children.
3. Lack of adequate food. The trial court found that the parents had not provided adequate food in the home. A child may be deprived if he or she is without “subsistence.”
Judgment affirmed.
In the Interest of J. P., 253 Ga. App. 732 (560 SE2d 318) (2002).
This recitation omits the records of T. C.’s and J. C.’s numerous tardies.
OCGA § 15-11-2 (8) (A).
(Citation and punctuation omitted.) In the Interest of J P., 267 Ga. 492 (480 SE2d 8) (1997).
In the Interest of C. C., 249 Ga. App. 101, 103 (547 SE2d 738) (2001).
J. C.’s absences during this period were excused; T. C.’s absences were not excused.
246 Ga. App. 85 (539 SE2d 584) (2000).
Id. at 88 (2) (d).
OCGA § 20-2-690.1 (a) provides
[ejvery parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program.
See generally In re D. H., 178 Ga. App. 119, 125 (342 SE2d 367) (1986) (upholding that part of the lower court’s deprivation order requiring children to attend school); In the Interest of C. N., 231 Ga. App. 639, 640 (1) (500 SE2d 400) (1998) (part of evidence showing child was deprived was that child missed 16 of 48 days of school and mother was unable to compel child to attend school).
See In the Interest of C. S., 236 Ga. App. 312, 314 (1) (511 SE2d 895) (1999).
OCGA § 15-11-2 (8) (A).
OCGA § 15-11-94 (b) (4) (B) (ii).
See, e.g.,In the Interest of D. E. K, 236 Ga. App. 574 (512 SE2d 690) (1999) (mother’s previous drug use and other behavior, while not condoned, were insufficient to show child was deprived).
In the Interest of S. S., 232 Ga. App. 287, 290 (2) (501 SE2d 618) (1998).
OCGA § 15-11-2 (8) (A).
Reference
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- In the Interest of J. C., children
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