Childers v. Clayton County Dept. of Family & Children Services
| Decision Date | 30 October 1978 |
| Docket Number | No. 56607,56607 |
| Citation | 147 Ga.App. 825,250 S.E.2d 564 |
| Parties | CHILDERS et al. v. CLAYTON COUNTY DEPARTMENT OF FAMILY & CHILDREN SERVICES. |
| Court | Georgia Court of Appeals |
James W. Studdard, Jonesboro, for appellants.
Arthur K. Bolton, Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., Larry A. Foster, Deputy Asst. Atty. Gen., Jonesboro, Don A. Langham, First Asst. Atty. Gen., Michael S. Bowers, Senior Asst. Atty. Gen., for appellee.
The Childers appeal the order of the Clayton County Juvenile Court terminating their parental rights pursuant to Code Ann. § 24A-3201. The juvenile court found that all four of the appellants' children ("children") were "deprived" and that "the conditions and causes of the deprivation are likely to continue or will not be remedied," as a result of which the children were "suffering or will probably suffer serious physical, mental, moral, or emotional harm." The appellants contend that the juvenile court's findings of fact and conclusions of law are not supported by the evidence. Held :
1. The record and transcript of evidence support the following findings of fact made by the juvenile court judge: the children suffered moderate to severe developmental retardation; the children suffered from injuries and illnesses suspected as child abuse and as a result required frequent hospital treatment; the children were removed by appellants from hospital custody against medical advice, without proper follow-up treatment, requiring subsequent readmission to the hospital; the children were not properly fed, clothed, or bathed, and suffered from substandard living conditions; the children suffered from severe marital discord; the children were emotionally unstable and mentally deficient. Evidence also showed that the children were left without adequate adult supervision, and suffered from burns, broken bones, and other bodily trauma.
Expert testimony established that the children improved mentally and emotionally while under agency supervision but regressed to their former state when returned to the custody of appellants. Additional evidence showed that the father of the children abused alcohol and was frequently intoxicated and physically abusive of his family although he acknowledged no alcohol problem; both appellants testified that they considered themselves adequate parents without the need for improvement.
The transcript revealed that the appellants had moved some thirteen times in four years, which according to expert testimony, significantly aggravated the children's mental and emotional instability. Further, testimony established that the children, throughout their lives, had remained under almost continual supervision of various government agencies....
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Chancey v. Department of Human Resources
...143 Ga.App. 208, 237 S.E.2d 696 (1977); In the Interest of A. A. G., 146 Ga.App. 534, 246 S.E.2d 739 (1978); Childers v. Clayton County DFCS, 147 Ga.App. 825, 250 S.E.2d 564 (1978); Roberson v. DHR, 148 Ga.App. 626, 252 S.E.2d 57 (1979); Wynn v. DHR, 149 Ga.App. 559, 254 S.E.2d 883 (1979); ......
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M. A. C., In Interest of
...deemed justifiable: Kilgore v. Dept. of Human Resources, 151 Ga.App. 19, 258 S.E.2d 680 (1979); Childers v. Clayton County Dept. of Family etc. Services, 147 Ga.App. 825, 250 S.E.2d 564 (1978); Madray v. Dept. of Human Resources, 146 Ga.App. 762, 247 S.E.2d 579 (1978); Blair v. Division of ......
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Heath v. McGuire
...morals..." This court has long recognized that termination of parental rights is a severe measure. Childers v. Dept. of Family Etc., Services, 147 Ga.App. 825, 826, 250 S.E.2d 564 (1978); In the Interest of: A.A.G., 146 Ga.App. 534, 535, 246 S.E.2d 739 (1978). "There is no judicial determin......
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H.L.T., In Interest of
...850 (1981); Wynn v. Dept. of Human Resources, 149 Ga.App. 559, 561, 254 S.E.2d 883 (1979); Childers v. Clayton County Dept. of Family etc. Serv., 147 Ga.App. 825, 826, 250 S.E.2d 564 (1978); In the Interest of A.A.G., 146 Ga.App. 534, 246 S.E.2d 739 (1978). "Few forms of state action are bo......