in the Interest of J. K.
in the Interest of J. K.
Opinion of the Court
The mother of J. K. and H. K. appeals the termination of her parental rights, challenging the sufficiency of the evidence.
On appeal from a termination of parental rights, we defer to the juvenile court’s findings of facts, and we affirm “if the record demonstrates that any rational trier of fact could have found by clear and convincing evidence that the parent’s right to custody has been lost.”
By order dated July 20, 2006, nunc pro tunc to March 23, 2005, the juvenile court adjudicated the children delinquent and placed them in the custody of the Department of Family and Children Services (“DFCS”), finding that they were without “proper parental care o[r] control, subsistence, [or] education as required by law, or other care or control necessary for [their] physical, mental[,] or emotional health or morals.”
In November 2006, DFCS filed a petition seeking termination of the parental rights of both parents. At the termination hearing held August 2, 2006, the DFCS case manager testified that the children had been in foster care since March 4, 2005 and that the mother had visited them only twice since then.
The mother testified that she was “mentally disabled,” suffered from obsessive compulsive disorder (“OCD”), had nightmares about “the kids being burned up in a fire or falling in a river,” and felt she had a “split personality” because she “go[es] into two different states of mind.” Although she had previously been prescribed medications, she stopped taking them and “threw them in the garbage can.” At the time of the hearing, the mother took Loxapine and Paxil to “help [her] sleep and control [her] nerves and keep [her] from having the nightmares.” She stated that she had not worked in two or three years because she could not “get along with other co-workers telling customers things . . . about [her].” At the time of the hearing, she lived with and was supported by her fiancé — who received disability — in Tennessee. When asked to recount her addresses since March 2004, the mother remembered five places, including a hotel, but was unable to recall where she lived for the year between June 2004 and July 2005.
At the hearing, the guardian ad litem recommended termination, emphasizing that “[t]here ha[d] been no support for well over a year and in fact in the entire lives of these children[,] either financial or emotional.” After considering the evidence, the juvenile court entered an order in August 2006 terminating the mother’s parental rights to the children.
The termination of parental rights requires a two-step inquiry.
The record shows that the mother failed to complete any of the requirements of her case plan, had not kept in regular contact with DFCS or the children, and had not paid child support. She had been unemployed for at least two years preceding the termination hearing and was dependent on her fiancé for support. Moreover, she demonstrated an inability to maintain stable housing. Under these circumstances, “the evidence supports the juvenile court’s determination that the causes of the children’s deprivation are likely to continue.”
2. The mother also contends that there is insufficient evidence to support the juvenile court’s finding that continued deprivation would harm the children. However, “[t]he same evidence supporting a finding that the deprivation is likely to continue also supports a finding that continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child.”
Judgment affirmed.
The father’s parental rights were terminated by the same order, but he has not appealed.
In the Interest of K. J., 269 Ga. App. 78 (603 SE2d 497) (2004).
In its order, the juvenile court stated that placement with the grandmother was disrupted because she failed to comply with “the [c]ourt’s direction not to permit the mother to have unsupervised visits.”
Although the mother was notified of the May 2005 hearing, she did not attend.
The second visit occurred the weekend immediately before the termination hearing.
See In the Interest of J. H., 278 Ga. App. 32, 36 (628 SE2d 140) (2006).
See id.
(Punctuation omitted.) Id.; see also OCGA § 15-11-94 (a).
In the Interest of C. A. S., 291 Ga. App. 204, 206 (661 SE2d 612) (2008); see also In the Interest of K. M., 284 Ga. App. 442, 444 (1) (644 SE2d 193) (2007).
In the Interest of C. R. G., 272 Ga. App. 161, 164-165 (611 SE2d 784) (2005).
See In the Interest of J. A. S., 287 Ga. App. 125, 130 (1) (d) (650 SE2d 788) (2007); In the Interest of M. D. L., 285 Ga. App. 357, 360 (1) (c) (646 SE2d 331) (2007).
See In the Interest of J. A. S., supra; In the Interest of M. D. L., supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.