In the Interest of K. B. E.
In the Interest of K. B. E.
Opinion of the Court
The father of three-year-old K. B. E. appeals the order terminating his parental rights, contending in his sole enumeration of error that the evidence is insufficient to support the juvenile court’s finding that the cause of the child’s deprivation is likely to continue. We affirm.
When reviewing an order terminating parental rights, we construe the evidence in the light most favorable to the appellee and determine “whether any rational trier of fact could have found by clear and convincing evidence that the biological parent’s rights to custody have been lost.”
The case manager testified that the Department had implemented a case plan, which required appellant to provide for the child’s basic needs, form a bond with him, obtain stable housing, obtain and maintain financial stability, resolve his legal issues, remain free from incarceration, and follow the conditions and regulations of his probation/parole. The case manager testified that appellant had not met any of the goals of his case plan because he had been incarcerated for most of the child’s life; that during the time appellant was free, which included at least three weeks prior to the hearing, he did not contact the Department or ask to see the child; that the case manager has given appellant her contact information; that she has never received support, letters, or inquiries from appellant about the child; that the child receives speech therapy and is bonded to his foster family; and that appellant has two other children who have never lived with him.
The record also shows that, when K. B. E. was born, appellant was incarcerated for driving with a suspended license and making false writings; he was sentenced to five years for the second offense, all of which was probated except for ten days. Appellant testified that he remained in jail for months awaiting a bond; when he got out, he violated probation by failing to pay child support, among other things, so he was incarcerated for a year; and that he was released approximately two or three weeks before the termination hearing. Appellant testified that he works for his brother, who owns a remodeling and roofing business; that before his incarceration, he worked for a tire company for seven years; and that he has arranged to rent a house. On cross-examination, appellant testified that he lives with his mother; that he has not called the case manager since his release from jail because he was in the hospital with strep throat, tonsilitis, and a shoulder injury; that despite being in the hospital for only a few days since his release, he has not sought visitation with K.
Before terminating parental rights, a juvenile court must employ a two-prong test.
First, the juvenile court must make a finding of parental misconduct or inability, which is proved by clear and convincing evidence that: (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.5
If these four factors are shown to exist by clear and convincing evidence, then the court must also determine whether termination of parental rights is in the best interest of the child, “after considering the physical, mental, emotional, and moral condition and needs of the child, including the need for a secure and stable home.”
The father enumerates as error only the trial court’s finding that the deprivation is likely to continue or will not be remedied. He does not challenge the court’s findings as to the other three factors required to show parental misconduct or inability or the court’s determination that termination would be in the child’s best interest.
“Although past deprivation is not sufficient for termination without a showing of present deprivation, the court can consider a parent’s past conduct in determining whether such conditions of deprivation are likely to continue.”
Regarding appellant’s claim that he was ready to parent K. B. E. because he had found a house and a job, the juvenile court was entitled to “place more weight on negative past facts than promises of future conduct.”
Judgment affirmed.
(Citation and punctuation omitted.) In the Interest of A. H., 278 Ga. App. 192 (628 SE2d 626) (2006).
In the Interest ofK. D., 285 Ga. App. 673, 674 (647 SE2d 360) (2007).
The court also terminated the mother’s parental rights, but she does not appeal.
OCGA § 15-11-94 (a); In the Interest of K. A. B., 285 Ga. App. 537, 540 (646 SE2d 736) (2007).
(Footnote omitted.) In the Interest of K. A. B., supra. OCGA § 15-11-94 (b) (4) (A) (i)(iv).
(Punctuation omitted.) In the Interest of C. M., 275 Ga. App. 719, 720 (621 SE2d 815) (2005), citing OCGA § 15-11-94 (a).
(Citation omitted.) In the Interest of S. B., 237 Ga. App. 692, 694 (515 SE2d 209) (1999).
In the Interest of M. C. L., 251 Ga. App. 132, 134 (1) (a) (553 SE2d 647) (2001). Accord In the Interest of M. D. N., 289 Ga. App. 499, 503 (1) (657 SE2d 594) (2008).
In the Interest of J. F., 283 Ga. App. 759, 765-766 (c) (642 SE2d 434) (2007).
(Punctuation and footnote omitted.) Stills v. Johnson, 272 Ga. 645, 651 (3) (533 SE2d 695) (2000).
In the Interest of A. T. H., 248 Ga. App. 570, 573 (1) (547 SE2d 299) (2001) (failure to appear for scheduled visitations demonstrates likelihood that deprivation will continue).
(Citation and punctuation omitted.) In the Interest of D. D. B., 282 Ga. App. 416, 419 (1) (638 SE2d 843) (2006).
See In the Interest of K. B., 252 Ga. App. 808, 809-810 (556 SE2d 922) (2001) (failure to provide parental care and support considered an aggravating circumstance). Accord In the Interest of T.A.M., 280 Ga. App. 494, 497-498 (2) (634 SE2d 456) (2006).
See In the Interest of T. G. Y., 279 Ga. App. 449, 451-452 (1) (a) (i) (631 SE2d 467) (2006) (failure to meet case plan goals cannot be excused by imprisonment; a father “ ‘cannot object to the natural consequences brought about by his own voluntary commission of criminal acts’ ”) (citation omitted).
(Punctuation and footnote omitted.) In the Interest of A. C., 280 Ga. App. 212, 217 (1) (c) (633 SE2d 609) (2006).
(Citation and punctuation omitted.) In the Interest of M. N. R., 282 Ga. App. 46, 47 (637 SE2d 777) (2006).
(Citation and punctuation omitted.) In the Interest of D. D. B., supra at 418 (1).
See id. at 418-419 (1); accord In the Interest of A. H., 289 Ga. App. 121, 123-124 (1) (a) (656 SE2d 254) (2008).
Reference
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- In the Interest of K. B. E., a child
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