In the Interest of B. A.
In the Interest of B. A.
Opinion of the Court
The mother of B. A. appeals the termination of her parental rights, challenging the sufficiency of the evidence. She argues that the State failed to prove either parental unfitness or that termination of her parental rights would be in the child’s best interest. Finding the evidence sufficient, we affirm.
On appeal from a termination of parental rights, we defer to the juvenile court’s factfinding and do not weigh the evidence or determine the credibility of witnesses.
The DFCS case plan required the mother to: undergo a substance abuse assessment; attend and complete a drug and alcohol treatment program; submit to random drug screens; remain drug and alcohol free; attend and successfully complete parenting classes; have a source of income and sufficient housing; and obtain childcare services or otherwise ensure proper supervision of the children. In August 2006, a citizen review panel again found that the mother “ha[d] made no effort to work [her case] plan.” On November 16, 2006, the juvenile court held a nonreunification hearing and granted DFCS’s motion for nonreunification. The juvenile court found that the mother had made no progress on her case plan, was unemployed, had refused drug screens, had avoided receiving DFCS services, and had no electricity, water, or telephone in her home, which was in the foreclosure process. That order was not appealed.
DFCS moved to terminate the mother’s parental rights, and the juvenile court held a termination hearing on April 18, 2007. Several counselors assigned to consult with the mother about parenting skills, substance abuse, and other aspects of her case plan testified that she had been uncooperative in scheduling meetings and in following the counselors’ advice. They confirmed that the utilities at the mother’s home were frequently turned off and that she relied on “boyfriends” to pay her bills.
The mother claimed that it was difficult for her to contact the counselors because of her work schedule, because her home was in foreclosure and had no electricity, because she had financial problems, and because she was battling bouts of depression. The mother stated that in December 2006, after the nonreunification case plan was approved, she “changed everything” and “started over for [her] kids.” When asked why she had not done this earlier, she replied that she had been battling depression.
The mother testified that, at the time of the hearing, she was seeing a psychiatrist every six weeks for counseling for depression. She had begun parenting classes in February 2007, but had not completed them. The mother was pregnant and was not working because she had been placed on bed rest by her doctor. She was living in a new residence with her husband, who paid all her living expenses.
B. A.’s current foster family wishes to adopt her. A psychologist who evaluated the child stated that she needed permanency in her life, and that without a structured environment and stable caregiver, B. A. was likely to revert to the defiant and sexualized behavior she exhibited upon entering foster care. The psychologist also testified that B. A. has “detached more and more” from her mother, whom she now refers to by her first name rather than “Mommy.” Based on the evidence presented, the juvenile court terminated the mother’s parental rights.
Before a parent’s right to custody of her child may be terminated, the juvenile court must find by clear and convincing evidence both that the parent is unfit and that termination is in the child’s best interest.
(1) the child is deprived, (2) the lack of parental care or control is the cause of the deprivation, (3) such lack of care or control is likely to continue, and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.5
1. The mother asserts that the State did not prove parental unfitness by clear and convincing evidence. Specifically, she challenges the third element, arguing that “she has made significant strides in improving herself as a parent” and that “there is no compelling evidence that the past deprivation would continue.”
Here, evidence that the mother failed to comply with her case plan supports the conclusion that B. A.’s deprivation would continue if returned to her mother.
2. The mother contends that the State did not prove by clear and convincing evidence that termination of her parental rights was in B. A.’s best interest. In making its determination, the trial court could consider, among other evidence: the mother’s continued failure to comply with her case plan;
Judgment affirmed.
See In the Interest of K. S. W., 233 Ga. App. 144, 147 (1) (503 SE2d 376) (1998).
In the Interest of A. F., 283 Ga. App. 509, 510 (642 SE2d 148) (2007).
The mother’s husband is not B. A.’s father. The mother and her husband were married in November 2004, but he moved to Mexico in February 2005. The mother “[did not] think he was going to come back, so [she] started seeing somebody else.” At the hearing, the mother
See In the Interest of M. A., 280 Ga. App. 854, 856 (635 SE2d 223) (2006).
(Punctuation omitted.) Id.
The mother is bound by the juvenile court’s earlier findings of deprivation, as none of the orders was appealed. See In the Interest of R. H. L., 272 Ga. App. 10, 12 (611 SE2d 700) (2005).
In the Interest of M. N. R., 282 Ga. App. 46, 47 (637 SE2d 777) (2006).
See In the Interest of J. A. S., 287 Ga. App. 125, 129 (1) (c) (650 SE2d 788) (2007).
See In the Interest of A. H., 278 Ga. App. 192, 196 (2) (628 SE2d 626) (2006); In the Interest of D. E., 269 Ga. App. 753, 755 (1) (605 SE2d 394) (2004).
See In the Interest of J. A., 286 Ga. App. 704, 708 (649 SE2d 882) (2007).
See In the Interest of A. J., 288 Ga. App. 579, 582 (2) (654 SE2d 465) (2007).
See In the Interest of B. J. F., 276 Ga. App. 437, 443 (2) (623 SE2d 547) (2005).
See In the Interest of R. S., 287 Ga. App. 228, 232 (1) (651 SE2d 156) (2007).
See J. A., supra; J. A. S., supra at 130 (2).
Reference
- Full Case Name
- In the Interest of B. A., a child
- Cited By
- 7 cases
- Status
- Published