IN RE DBP, No. A03A0140.

• Decision Date: 26 June 2003
• Docket Number: No. A03A0140.
• Parties: In the Interest of D.B.P. et al., children.
• Court: Georgia Court of Appeals

584 S.E.2d 256

262 Ga. App. 1

In the Interest of D.B.P. et al., children.

No. A03A0140.

Court of Appeals of Georgia.

June 26, 2003.

William O. Tullis, Jr., Snellville, for appellant.

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Laura W. Hyman, Asst. Attys. Gen., Stephanie B. Hope, Robbie E. Colwell, for appellee.

RUFFIN, Presiding Judge.

The natural mother of K.P. and D.B.P. appeals an order of the juvenile court terminating her parental rights following a hearing.¹ She challenges the sufficiency of the evidence supporting the termination. The mother also contends the trial court failed to make specific factual findings in its termination order, requiring reversal. Finding no error, we affirm.

On appeal from an order terminating parental rights, we view the evidence in the light most favorable to the juvenile court's ruling and determine whether:

any rational trier of fact could have found by clear and convincing evidence that the natural parent's right to custody should be terminated. On appeal, this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the juvenile court's factfinding and affirm unless the appellate standard is not met. ²

So viewed, the evidence shows that on January 8, 2001, the mother, while under the influence of drugs, was involved in an automobile accident. That same day, the Union County Department of Family and Children Services (hereinafter "DFCS") obtained emergency custody of ten-year-old K.P. and two-year-old D.B.P. At the time DFCS assumed custody of the children, the following conditions existed in the home: the mother abused prescription drugs; the children had lived with the mother and various male companions or relatives at a number of different locations; D.B.P.'s putative father abused the mother in front of the children; to the extent that she could, K.P. was forced to take on parental responsibilities for D.B.P.; and K.P. had attended numerous schools during the course of the second grade. In addition, the mother sometimes forgot to meet K.P. after school, leaving K.P. locked out of the house for considerable lengths of time.

On February 21, 2001, the juvenile court entered an order finding that the children were deprived and awarding DFCS temporary legal custody. DFCS implemented a reunification plan on March 7, 2001, which the juvenile court adopted by supplemental order. The plan required the mother to have no further contact with D.B.P.'s putative father; remain free of alcohol and drugs except as prescribed by her physician; support her children financially; visit her children regularly; obtain and maintain suitable housing and employment; obtain medical care for hepatitis C; submit to a psychological evaluation and receive counseling; prepare a monthly budget; and cooperate with DFCS.

The mother failed to comply with virtually all of the requirements of the reunification plan. She continued to have contact with D.B.P.'s putative father and failed to remain alcohol and drug free. She did not maintain suitable housing or employment sufficient to support her children. Nor did she obtain medical treatment for hepatitis C, despite her poor health. Furthermore, the evidence shows that she did not comply with the case plan's requirements for counseling, maintaining contact with her children, financially supporting her children, or following a monthly budget. On August 16, 2001, the juvenile court held the mother in contempt for failure to comply with the court-ordered reunification plan. Approximately one month later, DFCS concluded that reunifying the children with the mother would not be appropriate and prepared reports detailing that conclusion.

The evidence shows that the mother continued to use drugs in the fall of 2001. On October 9, 2001, she appeared for a court hearing four hours late, exhibiting questionable behavior. Immediately following the hearing, DFCS ordered a drug screen, and the mother tested positive for benzodiazepines, opiates, and amphetamines. The mother asserted that she was taking prescription medications that would account for the opiates and benzodiazepines, but she failed to provide evidence of those prescriptions and had no explanation for the amphetamines in her system. On December 14, 2001, the court ended reunification services.

On January 22, 2002, DFCS petitioned to terminate the mother's parental rights to K.P. and D.B.P. The juvenile court subsequently held a hearing on the matter. The mother's probation officer testified that, in August 2001, the mother was placed on probation for two traffic offenses. In October 2001, the mother failed a drug test, her probation was revoked, and she spent approximately 30 days in jail. Shortly after her release, she was arrested again for various charges, including forgery and shoplifting. The mother's probation was again revoked, and she spent several months in jail.

The mother also violated her probation by moving to North Carolina without obtaining permission and failing to pay the outstanding balance of her criminal fines. Furthermore, the mother was arrested for obstruction and public drunkenness in late March 2002, resulting once again in a probation revocation. While in jail following that arrest, she tested positive for marijuana. According to the probation officer, the mother failed to comply with nearly every condition of her probation.

Dr. Fussell, the psychologist who evaluated the mother in March 2001, also testified at the hearing. According to Dr. Fussell, the mother suffers from depression, possible panic disorder, alcohol and prescription drug abuse, and personality disorder. He testified that the mother's lack of coping skills would likely result in continued drug use.

In addition, the juvenile court heard the testimony of John Andrews, the children's court-appointed special advocate, who, without reservation, recommended that the mother's parental rights be terminated. The guardian ad litem appointed for the children also recommended termination.

1. Before it can terminate parental rights, a juvenile court must complete a two-step analysis.³ The first step requires the juvenile court to determine whether "clear and convincing evidence of parental misconduct or inability" exists under OCGA § 15-11-94(b).⁴ If the first inquiry is answered in the affirmative, the juvenile court must then consider whether parental termination serves the best interests of the children.⁵ Parental misconduct or inability exists under OCGA § 15-11-94(b)(4)(A) when: (a) a child is deprived; (b) the lack of proper parental care or control caused the child's deprivation; (c) the cause of the deprivation is likely to continue; and (d) the continued deprivation is likely to cause the child serious physical, mental, emotional, or moral harm.⁶ We note from the outset that the mother does not challenge the sufficiency of the evidence supporting the first three elements of parental misconduct. Rather, she argues that insufficient evidence supported the juvenile court's finding that continued deprivation will likely result in serious physical, mental, emotional, or moral harm to the children.

In establishing that a lack of proper parental care or control exists, the court shall consider, among other factors: the physical, mental, or emotional health...