In the Interest of A. E. S.
In the Interest of A. E. S.
Opinion of the Court
Following the grant of her application for appeal, Karla Sumlin, mother of A. E. S., appeals from the denial of her motion for new trial following the termination of her parental rights to A. E. S. by the Fulton County Juvenile Court. Finding no error, we affirm.
On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines 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. We do not weigh the evidence or determine the credibility of witnesses, but defer to the trial court’s factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.1
So viewed, the evidence shows that, on October 22, 2008, two days following A. E. S.’s birth in prison, the Fulton County Department of Family and Children Services (the “Department”) filed a deprivation petition. Following a hearing, A. E. S. was adjudicated deprived by the trial court’s order of February 4, 2009. Among the findings of the juvenile court were that Sumlin gave birth while incarcerated; was without a home of her own and unable to provide housing for the child; was unemployed and unable to provide for the financial needs of the child; and that she suffered from mental health problems for which she allegedly failed to take her medication. The
An order on permanency hearing, dated October 16, 2009 and filed November 9, 2009, found that Sumlin had had no contact with A. E. S. while the child was in the Department’s custody and had had no contact with the Department. By order dated November 9, 2009, and filed November 16, 2009, the juvenile court extended the Department’s custody of A. E. S., finding that the conditions of deprivation continued in that Sumlin had not attended and completed parenting classes, had not obtained stable and safe housing, had not obtained a source of income, and had not submitted to a psychological examination. This order further found that the whereabouts of Sumlin were then unknown. Neither of these orders was appealed.
On October 30, 2009, a Petition for Termination of Parental Rights was filed on behalf of the Department. At the beginning of the hearing on the petition to terminate, held on February 25, 2010, the juvenile court took judicial notice of the previous orders in the case.
OCGA § 15-11-94 sets out the relevant procedure for considering the termination of parental rights. First, the court must determine whether there is clear and convincing evidence of parental misconduct or inability.
Where, as here, Sumlin did not appeal the original order of the juvenile court finding that A. E. S. was deprived, she cannot now complain of that finding.
Next, the juvenile court had sufficient evidence to determine that Sumlin’s inability to care for A. E. S. was the cause of the child’s deprivation. In determining whether a child lacks parental care or control, the court may consider various factors,
Though “[a] parent’s incarceration does not always compel the termination of parental rights, it can support a termination when
In determining whether the conditions of deprivation are likely to continue, the juvenile court “may place more weight on negative past facts than promises of future conduct.”
The record also supports the juvenile court’s finding, by clear and convincing evidence, that the continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to A. E. S.
We find no error in the ruling of the juvenile court terminating the parental rights of Sumlin to A. E. S. and in denying her motion for new trial.
Judgment affirmed.
(Footnotes omitted.) In the Interest of F. C., 248 Ga. App. 675 (549 SE2d 125) (2001), overruled on other grounds, Miller v. State, 285 Ga. 285, 287 (676 SE2d 173) (2009).
In the Interest of J. A., 298 Ga. App. 11, 14 (1) (679 SE2d 52) (2009) (Juvenile court properly took judicial notice of its prior findings in determining whether the children continued to be deprived.).
OCGA § 15-11-94 (a).
Id.
OCGA § 15-11-94 (b) (4) (A).
In the Interest of T. L. H., 301 Ga. App. 10, 14 (686 SE2d 478) (2009).
Id.; accord In the Interest of J. A., supra.
As set out in OCGA § 15-11-94 (b) (4) (B) and (C).
(Footnote omitted.) In the Interest of M. C. L., 251 Ga. App. 132, 134 (1) (a) (533 SE2d 647) (2001).
(Punctuation and footnote omitted.) Stills v. Johnson, 272 Ga. 645, 651 (3) (533 SE2d 695) (2000). Accord In the Interest of T. A. M., 280 Ga. App. 494, 497 (2) (634 SE2d 456) (2006).
(Punctuation and footnote omitted.) In the Interest of A. C., 280 Ga. App. 212, 217 (1) (c) (633 SE2d 609) (2006).
OCGA § 15-11-94 (b) (4) (A) (iv).
In the Interest of D. S., 247 Ga. App. 569, 573 (545 SE2d 1) (2001).
In the Interest of T. L. H., supra at 14.
Concurring Opinion
concurring specially.
While I agree with the majority’s conclusion that the juvenile court could have found that present clear and convincing evidence warranted the termination of the natural mother’s parental rights, I do not entirely agree with its underlying reasoning and therefore specially concur in the judgment of the Court.
[w]hile I do not quibble with the general proposition that children need permanency (or, for that matter, the corollary that long-term foster care can have ill effects), I find it troubling that many of our prior decisions upholding the termination of parental rights appear to rely, in part, on such generalizations without specifically tying them to particularized findings of fact, even though we have repeatedly held that a juvenile court is required to make explicit findings of fact that the child at issue — rather than some hypothetical child placed in the subject child’s situation —will suffer or is likely to suffer serious harm as a result of the continued deprivation.17
Nevertheless, I do agree with the majority that the juvenile court was correct in terminating the mother’s parental rights because the record evidence shows, clearly and convincingly, that the ongoing parental relationship between the mother and A. E. S. is likely to cause the child serious, actual harm if permitted to continue. As the majority notes, the mother “made no effort during the 16 months in which A. E. S. was in foster care to contact him or the Department.”
As our Supreme Court has previously explained, it is one thing if a parent desires to care for his or her child but simply lacks the financial wherewithal or emotional capability to do so, and quite another for a parent to willfully disregard or abandon his or her parental duties.
See In the Interest of M. M. S., 308 Ga. App. 614, 626 (708 SE2d 570) (2011) (Dillard, J., concurring specially).
In the Interest of J. E., 309 Ga. App. 51, 66 (711 SE2d 5) (2011) (Dillard, J., dissenting).
See Thorne v. Padgett, 259 Ga. 650, 651 (386 SE2d 155) (1989).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.