K. C. O., In Interest of, 53666

Citation235 S.E.2d 602,142 Ga.App. 216
Decision Date19 April 1977
Docket NumberNo. 53666,No. 3,53666,3
PartiesIn the Interest of K. C. O
CourtUnited States Court of Appeals (Georgia)

On October 25, 1976, Dougherty County Department of Family and Children Services petitioned to terminate the parental right of K. C. O.'s mother, alleging that the child was "deprived." After hearing evidence the juvenile court judge terminated the parental rights, concluding, "the child has never and likely would never receive proper parental care or control or other care or control necessary for her mental or emotional health or morals."

John R. Ulmer, Albany, for appellant.

Arthur K. Bolton, Atty. Gen., Walter M. Deriso, Deputy Asst. Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., Atlanta, for appellee.

DEEN, Presiding Judge.

1. The mother urges that the motion to dismiss the petition for failure to state a claim should have been granted. This is based upon the fact that she did not have legal custody of the child and that if the child were " deprived" it was not at her hands. Of course, the reason why she did not have custody at the time of the hearing on termination of her parental rights is that the juvenile court had made a prior (and apparently uncontested) finding that K. C. O. was a "deprived child" and granted temporary custody to the Department of Family and Children Services. That a "deprived child" may be in agency custody at the time of the hearing on termination of parental rights does not oust the juvenile court from jurisdiction to determine the ultimate issue under Code Ann. § 24A-3201(a)(2). Code Ann. § 24A-301(a)(1)(C). A petition to terminate the parental rights to a child previously adjudicated " deprived" and in agency custody is cognizable in the juvenile court. See In re Levi, 131 Ga.App. 348, 206 S.E.2d 82. The appellant's specific argument has been previously rejected by this court. Roberts v. State of Ga., 141 Ga.App. 268, 233 S.E.2d 224.

2. "The court by order may terminate the parental rights of a parent with respect to his child if the child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral or emotional harm . . . ." Code Ann. § 24A-3201(a)(2).

The record supports the juvenile court judge's following findings of fact. K. C. O.'s father is unknown; her mother has two other illegitimate children. These two other children have been living...

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9 cases
  • Chancey v. Department of Human Resources
    • United States
    • United States Court of Appeals (Georgia)
    • 6 Noviembre 1980
    ...136 Ga.App. 308(2), 220 S.E.2d 790 (1975); Murray v. Hall County DFCS, 137 Ga.App. 291, 233 S.E.2d 486 (1976); In the Interest of K. C. O., 142 Ga.App. 216, 235 S.E.2d 602 (1977); Watkins v. DHR, 143 Ga.App. 208, 237 S.E.2d 696 (1977); In the Interest of A. A. G., 146 Ga.App. 534, 246 S.E.2......
  • Bruce v. State
    • United States
    • United States Court of Appeals (Georgia)
    • 21 Abril 1977
  • In re: B.R.W.,a child, A99A2392
    • United States
    • Supreme Court of Georgia
    • 3 Febrero 2000
    ...512 S.E.2d 652. 10 See In the Interest of T.R. G., 162 Ga.App. 177, 179, 290 S.E.2d 523 (1982). See also In the Interest of K.C. O., 142 Ga.App. 216, 218, 235 S.E.2d 602 (1977) (mother had periods where she lost interest in parenting; had history of running away from home and of inability t......
  • In re BRW, No. A99A2392
    • United States
    • United States Court of Appeals (Georgia)
    • 3 Febrero 2000
    ...512 S.E.2d 652. 10. See In the Interest of T.R.G., 162 Ga.App. 177, 179, 290 S.E.2d 523 (1982); see also In the Interest of K.C.O., 142 Ga.App. 216, 218, 235 S.E.2d 602 (1977) (mother had periods where she lost interest in parenting, had history of running away from home and of inability to......
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