In the Interest of J. P.
In the Interest of J. P.
Opinion of the Court
J. P., the biological father of Ju. P. and Je. R, appeals the juvenile court’s order terminating his parental rights and awarding custody to
On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether “any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost.”
DFCS developed a reunification case plan on April 25, 2001, requiring appellant to learn and demonstrate parental skills needed to meet Ju. P.’s medical and emotional needs; maintain stable housing and employment; remain free of drugs and alcohol; maintain an attachment with the child; and legitimate him. On December 4,2001, DFCS filed a motion to adopt a plan for nonreunification, alleging that both parents had failed to comply with their case plans.
Three weeks later, on December 27, 2001, Je. P. was born. DFCS opened a case file on the child and continued to provide services to the family so that he could remain in the home. Ju. P. remained in DFCS custody, and additional case plans, which were reviewed by citizen panels and incorporated by court orders, were implemented. The panels did not recommend reunification. DFCS filed a petition to terminate parental rights to Ju. P. on January 2, 2003, but later withdrew the petition to permit additional reunification efforts. The parents were required to meet specific goals, including remaining free of drugs and alcohol. However, one month later, the mother
DFCS filed a petition to terminate parental rights to both children on July 1, 2003. The hearing was held in September. The mother did not attend. Appellant arrived two hours late and did not testify. DFCS intended to call as its first witness the psychologist who evaluated appellant, but the parties stipulated to the admissibility of her report. In the report, the psychologist expressed concern about appellant’s history of marijuana and alcohol abuse, noting that he was evaluated at a substance program and that treatment was recommended. However, appellant failed to follow through with treatment. In addition, the psychologist reported that appellant denied the existence of a problem and claimed to be in full remission. The psychologist also expressed concern that appellant lacked basic parenting skills but claimed that he was fully aware of how to tend to Ju. P.’s medical needs. This expert noted that appellant tended to rationalize. For example, he pleaded guilty to aggravated battery in July 2001 for breaking the mother’s jaw, but did not seem to believe that he assaulted her. Also, a drug screen performed in 2002 showed that appellant had ingested methamphetamine, but he attributed the test result to medication.
DFCS’s first witness, Beth McGahee, was assigned to Ju. P.’s case on February 1, 2003, after the parents requested a new caseworker. She testified that she created a new case plan with the parents, but appellant indicated that he had no desire to work on another plan. Appellant did submit to a drug test, which was negative. McGahee further testified that she visited the home while Je. P. lived there, and although there was a space heater in the living area, it was very cold in Je. P.’s bedroom. In addition, there was no milk or formula in the home, and the food in the refrigerator was uncovered.
McGahee further testified that she arranged for appellant to obtain substance abuse treatment free of charge, but he did not avail himself of this opportunity. McGahee detailed appellant’s noncompliance with the goals of his case plan, including his failure to attend Ju. P.’s medical appointments, to call the caseworker to inquire about Ju. P.’s health, or to cooperate with child support enforcement. Appellant appeared in her office in August and expressed his belief that he had completed all of the goals on his case plan. McGahee believed that it would be harmful to the children to be returned to
Amanda Stephens, a visitation coordinator, testified that the parents visited Ju. P. regularly until June 2002, then sporadically through August 2002, when they stopped altogether for three months. However, she also stated that appellant had visited the children regularly in the five months preceding the hearing, especially since separating from the mother.
The children’s foster mother recounted Ju. P.’s extensive history of physical and behavioral difficulties. She testified that when Ju. P. came into her care, the child was filthy, the back of his head was flat, and his sleeper pajamas were so small that his toes were curled and his skin was imprinted with lines from the seams. Moreover, the child suffered from asthma, ear infections, gastric reflux, and he was lethargic and unresponsive to stimuli. She testified that his current behavioral problems included tantrums, beating his head against the wall, biting himself and others, and pulling his genitals, and that Ju. P. is under professional care for the problems. The witness estimated that, since coming into her care, Ju. P. had visited various physicians 90 times. In addition, she testified that after visitation with his father, the child becomes agitated to the extent that his temper tantrums intensify for as many as nine days, and he wakes up during the night crying out for his foster mother.
The foster mother also testified to the problems Je. P. had when he first came into her care. He was quiet, withdrawn, and over-ate to the point of vomiting. He suffered from ear infections and asthma, which continue to require medication and breathing treatments. She indicated that neither parent ever appeared for Je. P.’s doctor’s appointments. Finally, the foster mother testified that both children were well integrated into her family and that she desired to adopt them.
Appellant did not testify, and his sole witness was his father, M. P. M. P. testified that he would like to share custody of the children with his son but was not willing to do it alone. He testified that his son had been working for him for three years and no longer used marijuana. The guardian ad litem did not recommend termination of appellant’s parental rights, although he gave no reasons for his opinion. After considering all of the evidence, the juvenile court terminated appellant’s and the mother’s parental rights. The mother does not appeal.
Appellant does not challenge the juvenile court’s finding that the children were deprived. In this regard, we note that the juvenile court adjudicated the children deprived in numerous, unappealed dispositional orders. Accordingly, appellant “is bound by this finding of deprivation and the first factor is satisfied.”
(a) Our review of the juvenile court’s finding as to the second criterion, that lack of proper parental care or control caused the deprivation, is limited to appellant’s sole argument that the court relied entirely on evidence of past unfitness. Appellant correctly asserts that “evidence of past unfitness, standing alone, is insufficient to terminate the rights of a parent in [his] natural child; clear and convincing evidence of present unfitness is required.”
(b) Appellant next alleges that the juvenile court failed to find that the causes of Je. P.’s deprivation are likely to continue or will not likely be remedied, and that clear and convincing evidence does not exist to support the court’s findings with regard to Ju. P. We disagree with both contentions. Although the court’s findings on this issue mention Ju. P.’s medical needs, the reference to children obviously includes Je. P. as well. Moreover, the evidence clearly supports the court’s findings.
Appellant points to testimony in the record that he visited with his children regularly in the five months preceding the hearing and that he passed his last drug screen in February 2003. “While the [father’s] efforts to improve [himself] are good, the trial court must determine whether a parent’s conduct warrants hope of rehabilitation, not an appellate court.”
Appellant’s reliance on In the Interest of R. U.
(c) Furthermore, clear and convincing evidence showed that continued deprivation was likely to cause serious physical, mental, emotional, or moral harm to the children. In addition to the evidence of appellant’s past neglect of the children’s medical, physical, and emotional needs, the testimony of their foster mother revealed that current contact with him was upsetting and disruptive to the children. Also, “[t]he juvenile court was authorized to consider the adverse effects of prolonged foster care in determining that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the children.”
2. Finally, the juvenile court was required to consider whether termination was in the best interests of the children. “[A]s with the ‘harm’ factor set forth above, in determining the best interests of the children, a court may consider their need for a stable home environment and the detrimental effects of prolonged foster care.”
3. In his final enumeration of error, appellant contends that DFCS failed to pursue his father, M. P., as a suitable placement. However, M. P. did not testify that he would be willing to assume sole custody of the children. Rather, when questioned about his desire to care for them, M. P. equivocated, stating that “maybe” he and appellant “could have joint custody.” This evidence authorized a finding that placement of the children with their paternal grandfather was not a viable alternative.
Judgment affirmed.
(Citation omitted.) In the Interest of S. H., 251 Ga. App. 555 (1) (553 SE2d 849) (2001).
(Citation and punctuation omitted.) In the Interest of C. E, 251 Ga. App. 708 (555 SE2d 81) (2001).
OCGA§ 15-11-94 (b) (4) (A) (i)-(iv).
OCGA § 15-11-94 (a). See In the Interest of D. L. D., 248 Ga. App. 149,152 (546 SE2d 11) (2001).
(Citations omitted.) In the Interest of E. C., 225 Ga. App. 12, 15 (482 SE2d 522) (1997).
(Citation and punctuation omitted; emphasis in original.) In the Interest of Z. B., 252 Ga. App. 335, 337 (1) (556 SE2d 234) (2001).
OCGA§ 15-11-94 (b) (4) (C) (i)-(iii).
In the Interest of T. B., 267 Ga. App. 484 (600 SE2d 432) (2004).
(Citations and punctuation omitted.) In the Interest of M. L. R, 236 Ga. App. 504, 509 (1) (c) (512 SE2d 652) (1999).
In the Interest of H. H., 257 Ga. App. 173, 176 (1) (a) (570 SE2d 623) (2002).
In the Interest of C. M., 251 Ga. App. 374, 376 (554 SE2d 510) (2001).
223 Ga. App. 440 (477 SE2d 864) (1996).
See In the Interest of S. E. L„ 251 Ga. App. 728, 731 (2) (c) (555 SE2d 115) (2001); In the Interest of C. W. D„ 232 Ga. App. 200, 204 (1) (501 SE2d 232) (1998).
(Punctuation and footnote omitted.) In the Interest of M. C. L., 251 Ga. App. 132,136 (1) (b) (553 SE2d 647) (2001).
(Footnote omitted.) Id. at 136 (2).
(Citation and punctuation omitted.) In the Interest of S. E. L., supra at 732 (3).
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