Hood v. Department of Human Resources, 57747
| Decision Date | 05 June 1979 |
| Docket Number | No. 57747,57747 |
| Citation | 257 S.E.2d 340,150 Ga.App. 219 |
| Parties | HOOD v. DEPARTMENT OF HUMAN RESOURCES. |
| Court | Georgia Court of Appeals |
Schuder & Hartness, Edward L. Hartness, Gainesville, for appellant.
Arthur K. Bolton, Atty. Gen., Carol Atha, Cosgrove, Asst. Atty. Gen., Stephanie B. Manis, Atlanta, William M. House, Gainesville, for appellee.
Appeal was taken from an order terminating the parental rights of the appellant. Held :
The child involved in this case suffered from a hyperkenetic syndrome. The sole question presented is whether she was a deprived child and the conditions and causes of the deprivation are likely to continue. See Code Ann. § 24A-3201 (). As held in Brown v. Fulton County Dept. of Family, etc., Services, 136 Ga.App. 308, 310, 220 S.E.2d 790, 792, "the definition of 'deprived child' focuses upon the needs of the child Regardless of parental fault."
The proof offered on trial revealed that a "hyperactive" child required a great deal more care and special attention than an ordinary child; that without such extra care the child would suffer serious physical, mental and emotional problems or harm; that based on her past behavior the mother failed to provide a stable home environment and these conditions are likely to continue.
The trial judge concluded that the child was deprived within the meaning of Code Ann. § 24A-3201. "In determining how the interest of the child is best served, the juvenile court is vested with a broad discretion which will not be controlled in the absence of manifest abuse." Banks v. Dept. of Human Resources, 141 Ga.App. 347, 350, 233 S.E.2d 449, 451. See In Interest of K.C.O., 142 Ga.App. 216, 235 S.E.2d 602; Cox v. Dept. of Human Resources, 148 Ga.App. 43, 250 S.E.2d 839. Under the special circumstances here, we find the evidence sufficient to sustain the finding.
Judgment affirmed.
To continue reading
Request your trial
-
Chancey v. Department of Human Resources
...See Blair v. DFCS, 135 Ga.App. 312, 217 S.E.2d 457 (1975); Cox v. DHR, 148 Ga.App. 43(5), 250 S.E.2d 839 (1978); Hood v. DHR, 150 Ga.App. 219, 257 S.E.2d 340 (1979); Hainut v. Houston Co. DFCS, 154 Ga.App. 556, 269 S.E.2d 61 (1980). Accord Roberts v. State of Ga., 141 Ga.App. 268, 233 S.E.2......
-
Vermilyea v. Department of Human Resources
...of services and aid by the Department, also a ground found to be sufficient cause to terminate parental rights. Hood v. Dept. of Human Resources, 150 Ga.App. 219, 257 S.E.2d 340; Wynn v. Dept. of Human Resources, 149 Ga.App. 559, 254 S.E.2d 883. See also In the Interest of M. A. C., 244 Ga.......
-
Ray v. Department of Human Resources
...and bore all indication of a battered child, and the mother was psychologically incapable of caring for her children. In Hood v. DHR, 150 Ga.App. 219, 257 S.E.2d 340, the parent was required to care for a child who suffered from a serious disorder that required much more personal attention ......