In the Interest of S. R. B.
In the Interest of S. R. B.
Opinion of the Court
S. R. B.’s biological mother, D. B., appeals the juvenile court’s order denying her motion for new trial following the termination of her parental rights to the child. In her sole enumeration of error, D. B. argues that the Troup County Department of Family and Children Services (“DFCS”) failed to prove by clear and convincing evidence that the cause of S. R. B.’s deprivation is likely to continue. We disagree and affirm.
OCGA § 15-11-94 (a) sets out a two-part procedure for terminating parental rights. First, the juvenile court must determine whether there is clear and convincing evidence of parental misconduct or inability. Parental misconduct is found when: (1) the child is deprived; (2) lack of proper parental care or control is causing the deprivation; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child.
S. R. B. was born on March 18, 1996. His father is J. T. A caseworker testified at the termination hearing that DFCS opened a case on the child on October 4, 2000, after receiving a complaint that D. B. was homeless and had been physically abused by G. M. D. B. told the caseworker that G. M. pulled her around by the hair, chased her with a knife, and beat her up repeatedly. DFCS provided D. B. with an apartment, furniture, clothing, and medical attention.
A juvenile court investigator testified that D. B. was evicted from the apartment, left S. R. B. with a distant relative, and failed to pick him up. The child was having excessive bowel movements at school, and officials kept contacting the relative to fetch him or to bring him clothing. They were unable to contact D. B. The investigator took the child into protective custody on October 25, 2001. D. B. was found living in a motel with G. M. The juvenile court entered orders finding the child to be deprived and placed him in DFCS’s custody. One such order, entered on January 2, 2002, recites that D. B. failed to provide a home for the child, failed to attend to his medical needs, and failed to pay child support for his siblings. D. B. admitted that the cause of her failure to provide for S. R. B. was her continued relationship with G. M. She told the court “she was going to leave him today.” These orders were not appealed.
DFCS developed a reunification plan, which required D. B. to obtain and maintain a source of income and stable, safe housing for herself and the child, to take parenting classes, and to work with the case manager and S. R. B.’s foster mother to assure that the child’s medical and counseling needs were met. The case manager testified that D. B. attended parenting classes but did not meet any other goal
DFCS filed a petition to terminate the mother’s parental rights on November 13, 2003. The hearing was held on January 27, 2004. Tiffany Duncan, a DFCS case manager, testified that D. B. had made no effort to regain custody of the child, was employed by G. M., and was living in a camper. She was unable to give Duncan an address. Payton, D. B.’s mother, testified that D. B. continued to reside with G. M. “somewhere in Alabama” and that Payton did not know how to contact her. Payton believed that her daughter was unable to care for S. R. B.
D. B. testified at the hearing. She admitted that she was living in a camper but claimed to be “working toward” getting a house. She also admitted that she was working and living with G. M., although she denied that they were having a “relationship.” When asked how her circumstances on the date of the hearing differed from those that existed at the time S. R. B. was taken into protective custody, D. B. claimed she had been promised a full-time job at Palm Harbor Homes.
Contrary to D. B.’s contentions, we hold that the evidence clearly and convincingly supports the juvenile court’s finding that the cause of S. R. B.’s deprivation is likely to continue and will not likely be remedied. The juvenile court properly considered her past conduct in making this determination.
Judgment affirmed.
OCGA§ 15-11-94 (b) (4) (A) (i)-(iv).
OCGA § 15-11-94 (a). See In the Interest of R. S. H., 269 Ga. App. 292, 296 (603 SE2d 675) (2004).
In the Interest of S. L. B., 265 Ga. App. 684 (595 SE2d 370) (2004).
(Citation omitted.) Id.
OCGA § 15-11-94 (b) (4) (A) (iii).
See In the Interest of C. B. H., supra.
See In the Interest of J. J., 259 Ga. App. 159, 165 (575 SE2d 921) (2003).
See In the Interest of C. B. H., 262 Ga. App. 833, 836 (1) (586 SE2d 678) (2003).
(Citation omitted.) In the Interest of Z. B., 252 Ga. App. 335, 337-338 (1) (556 SE2d 234) (2001).
(Citations and punctuation omitted.) In the Interest of R. S. H., supra at 297 (a).
Reference
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- In the Interest of S. R. B., a child
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