IN RE MDF

• Citation: 587 S.E.2d 199,263 Ga. App. 50
• Decision Date: 03 September 2003
• Docket Number: No. A03A1639.,A03A1639.
• Parties: In the Interest of M.D.F., a child.
• Court: United States Court of Appeals (Georgia)

587 S.E.2d 199

263 Ga. App. 50

In the Interest of M.D.F., a child.

No. A03A1639.

Court of Appeals of Georgia.

September 3, 2003.

Ninfo & Ledbetter, Paul M. Ledbetter, Jr., Covington, for appellant.

Mumford & Myers, Robert F. Mumford, Conyers, for appellee.

ELDRIDGE, Judge.

The natural mother of M.D.F., a female child born on June 28, 1994, who has been in her mother's custody since, brought a verified petition under OCGA § 15-11-94 for the termination of the parental rights of the appellant. M.D.F.'s mother and the appellant, the child's natural father, were divorced in 1995 having lived together as man and wife in a common law marriage. At the time of the hearing, the appellant was incarcerated upon single misdemeanor counts of invasion of privacy, simple battery, obstruction of a law enforcement officer, and terroristic threats, as well as two felony counts of robbery and aggravated stalking. Nonetheless, the appellant appeared in the juvenile court and contested the termination petition. Following the hearing, the juvenile court entered an order terminating the appellant's parental rights as in the best interest of the child for want of proper parental care and control resulting in the child's deprivation in that the appellant:

fail[ed] to provide the necessities of life for the child[;] ... fail[ed] to provide financial support for the child[;] ... fail[ed] to maintain appropriate contact with the child[;]... fail[ed] to comply with court orders[;]... fail [ed] to maintain a parental bond or relationship with the child[;] ... admitted emotional instability; [and had an] excessive history of unrehabilitated drug abuse [and] repeated incarcerations.

The juvenile court's order, however, was silent as to the likelihood that the child's deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child under OCGA § 15-11-94(b)(4)(A)(iv). Appellant appeals from the foregoing omission in the juvenile court's order, and, in a further claim of error, challenges the sufficiency of the evidence. Finding merit in appellant's claim that the order terminating his parental rights fails to set forth a mandatory conclusion of law and supporting findings of fact, we reverse and remand with direction.

"A judgment having such a final, ultimate and significant result as that of severing the rights of a parent to a child must conclusively show compliance with the statutory criteria prescribed as a condition precedent for such termination. [Cits.]" McCary v. Dept. of Human Resources, 151 Ga.App. 181, 182(2), 259 S.E.2d 181 (1979). OCGA § 15-11-94(a) authorizes the judicial termination of parental rights upon clear and convincing evidence of parental misconduct or inability and of the physical, mental, emotional, and moral needs of the child, inclusive of the need for a stable home, as showing the loss of parental rights to be in the best interest of the child. In the Interest of R.L. K., 255 Ga.App. 567, 568, 565 S.E.2d 880 (2002). The court determines parental misconduct or inability by finding that: (i) The child is a deprived child, as such term is defined in Code Section 15-11-2;¹ (ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.

OCGA § 15-11-94(b)(4)(A). Moreover, an order terminating parental rights upon a mere dry recitation of all these criteria is...