In the Interest of D. H. D.
In the Interest of D. H. D.
Opinion of the Court
The mother and father of D. H. D., born December 19, 2006, appeal the Juvenile Court of Murray County’s order of January 22, 2007, finding D. H. D. deprived and awarding temporary custody to the Murray County Department of Family and Children Services (“DFCS”). They contend that there was insufficient evidence supporting the trial court’s deprivation finding. For the reasons set forth below, we affirm.
“On appeal from a juvenile court’s order finding deprivation, we review the evidence in the light most favorable to the juvenile court’s judgment to determine whether any rational trier of fact could have found by clear and convincing evidence that the [child was] deprived.”
The father testified that he was the father of both children; that he had received $685 per month in disability benefits for three years due to his depression; that he had six other minor children who “receive [d] off of [his] social security” and lived with their mother, Melissa Johnson; and that he had two adult children by a third woman. Appellants had been married for two years, and the father acknowledged that his social security benefits and food stamps were their only source of income. He paid $325 for their rent and approximately $46 for car insurance. The father explained that he took medication to treat his depression, but that he had not been diagnosed with schizophrenia. He denied that his wife was schizophrenic or that she “ever [saw or heard] things that [were not] there,” but admitted that he met her while they were “in a treatment facility.” He further testified that the mother had taken Prozac at one time, but had not returned to the doctor for a refill.
The mother testified that she was 26 years old. She acknowledged that she had four other children and that her parental rights to those children had been terminated. She explained that her mental-health issues began in her early twenties when she began hearing “things that other people couldn’t hear”; however, she ignored the problem even though it “was the worst thing to do.” She testified that she had never been diagnosed with a mental illness; that her doctor told her she was schizoaffective, which means that she has “symptoms of schizophrenia”; that she last took Prozac, Risperdal, and
The mother thought she was capable of working, and wanted to “find a good job.” She confirmed that she had worked briefly at Hardee’s and Kentucky Fried Chicken, and that she also worked at Sonic for “a couple of hours . . . but that didn’t work out.”
Appellants received case plans, which required them to maintain a stable home and income for six months, complete parenting classes, obtain psychological evaluations, and address their mental health issues. The father testified that they had completed parenting classes, and that he had obtained a psychological evaluation. As for the remaining requirements, the father confirmed that he had not worked because of his disability; that appellants had moved once since D. H. D. was born; that the mother worked briefly; and that the mother had not completed her psychological evaluation.
In its temporary placement order, the juvenile court found that D. H. D. was deprived and in need of the protection of the court, and that allowing D. H. D. to remain in the home would be contrary to the child’s welfare. The court granted DFCS custody of the child for a period not to exceed 12 months from the date the child was first placed into custody.
In their sole enumeration of error, appellants contend that the court’s deprivation finding was not supported by clear and convincing evidence. In support of this claim, appellants point out that there was no evidence of abuse or neglect, or of present mental impairment. We disagree.
Under Georgia law, a deprived child is one who is “without proper parental care or control, subsistence, education as required bylaw, or other care or control necessary for the child’s physical, mental, or emotional health or morals.”
Here, as in In the Interest of M. D.,
Lastly, this case is distinguished from In the Interest of K. S.,
Judgment affirmed.
(Punctuation and footnote omitted.) In the Interest of N. D., 286 Ga. App. 236 (648 SE2d 771) (2007).
We affirmed the termination of appellants’ rights to M. D. in In the Interest of M. D., 283 Ga. App. 805 (642 SE2d 863) (2007), finding that appellant-mother herself presented “the most
OCGA§ 15-11-2 (8) (A).
In the Interest of N. D., supra at 239 (1).
(Citation and punctuation omitted.) In the Interest of M. D., supra at 806.
(Citation and punctuation omitted.) In the Interest of K. J., 268 Ga. App. 843, 844 (1) (a) (602 SE2d 861) (2004).
In the Interest of U. B., 246 Ga. App. 328 (1) (540 SE2d 278) (2000).
Supra.
Id. at 807. In that case, appellant-mother “conceded that while she was actively delusional, she left [M. D.] alone in the house to go outside and fight off spirits that she believed were going to take over her life and body.” Id. at 808 (Ruffin, J., concurring specially).
See, e.g., In the Interest of A. R., 287 Ga. App. 334,336 (651 SE2d467) (2007) (“[a] juvenile court is under no obligation to return the children to the mother until they suffer further harm in order to obtain current evidence of deprivation or neglect”) (citations omitted).
271 Ga. App. 891 (611 SE2d 150) (2005).
Id. at 893.
See, e.g., In the Interest of H. M., 287 Ga. App. 418, 419-420 (1) (651 SE2d 527) (2007) (affirming termination of parental rights where the evidence showed, among other things, that mother had mental health problems and failed to consistently seek mental health treatment or take her prescribed medication); Ire the Interest of D. P., 287 Ga.App. 168, 172 (1) (b) (651 SE2d 110) (2007) (affirming termination of parental rights where mother’s own testimony established that she suffered from mental health deficiency which rendered her incapable of caring for her child).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.