In re RAR, A02A1944.

• Decision Date: 14 February 2003
• Docket Number: No. A02A1944.,A02A1944.
• Citation: 259 Ga. App. 680,577 S.E.2d 872
• Parties: In the Interest of R.A.R. et al., children.
• Court: Georgia Court of Appeals

577 S.E.2d 872

259 Ga. App. 680

In the Interest of R.A.R. et al., children.

No. A02A1944.

Court of Appeals of Georgia.

February 14, 2003.

Orin L. Alexis, Savannah, for appellant.

Thurbert E. Baker, Atty. Gen., Dennis R. Dunn, Deputy Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Asst. Atty. Gen., Leo G. Beckmann, Jr., Savannah, for appellee.

SMITH, Chief Judge.

The mother of R.A.R., A.U.R., and N.R.R. appeals from the order issued by the juvenile court terminating her parental rights, arguing that insufficient evidence of parental misconduct was introduced. The standard of appellate review in termination cases "is whether after reviewing the evidence in the light most favorable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody were lost." (Citation and punctuation omitted.) In the Interest of J.R., 202 Ga.App. 418-419, 414 S.E.2d 540 (1992). After reviewing the evidence under this standard, we conclude that the juvenile court was authorized to terminate the mother's parental rights, and we affirm.

Appellant is the 28-year-old mother of seven children.¹ In April 1999, six of the children were placed in the custody of Chatham County Department of Family and Children Services (DFACS), and by consent of the mother, the juvenile court issued an order finding them deprived in July 1999. The juvenile court found in the order that the children had been in the care of DFACS since April 1999 due to "issues of neglect regarding the children's physical, mental, emotional and education needs." One child had been diagnosed with sickle cell anemia, and all the children needed to be screened for the disease. The court found that none of the children had ever seen a dentist and that "[i]n addition to lack of medical care, the children's schooling is a big issue in that all children presently attending public schools have failed the 1998-1999 school year due to excessive absences." The order went on to recite that DFACS had "made more than reasonable efforts to provide various services to [the mother] in order to avoid having to intervene in the family but [the mother] will not use the services that are available and have been offered to her." A short time after entry of this order, the mother was incarcerated, and in December 1999, she gave birth to a seventh child who was immediately placed in the custody of DFACS and found to be deprived. These orders were not appealed.

DFACS developed a reunification case plan for the mother in which she was to meet several requirements, including the following: remain drug and alcohol free and submit to periodic screens; visit with the children each week; provide a stable residence; complete parenting classes or group therapy; submit to a psychological evaluation and follow the recommendations resulting from the evaluation; pay child support of $5 per child per month; and seek and maintain stable employment. After the mother was released from prison, she made some progress toward completion of the reunification plan. DFACS made two attempts to return the children to the mother, however, which were unsuccessful because the mother lost her housing and could not provide adequate day care. The mother was then arrested for a probation violation, and DFACS filed a petition for termination of the mother's and putative fathers' rights in R.A.R., A.U.R., and N.R.R.²

Brenda Spencer, the family's caseworker, testified during the termination hearing that although the mother complied with some portions of the reunification plan, she did not fully comply with all of her case plan requirements. She underwent a psychological evaluation and attended parenting classes, but Spencer saw no improvement in her parenting skills following these classes. The mother also obtained employment but was laid off because of a disciplinary action. At one time, she told Spencer she was employed but in fact was not. The mother missed some appointments for drug screens, and although the last screen to which she submitted was negative, she tested positive for marijuana during at least one other screen. In addition, she did not obtain suitable housing, as her last two residences lacked adequate furnishings, appliances, and utilities. Furthermore, at the time of the hearing she was living with a man with an "extensive criminal history."

Spencer also testified during the April 16 hearing that since the mother's most recent release from prison in early April, the mother had not contacted her or anyone from DFACS, nor had she contacted the children. And although the mother did not report to prison until November 7, 2001, with regard to her probation violation, the mother's last supervised visit with the children was September 22, 2001. The mother provided no financial support for the children and sent no gifts or letters to them. At the time of the hearing, Spencer did not know where the mother was living. Spencer testified that R.A.R. and A.U.R. were in one foster home and that N.R.R. was in another, that they had bonded with their foster families, who wished to adopt them, and that the two families allowed the children to visit one another.

Dr. Frances Hinchey, a clinical psychologist, testified concerning her psychological evaluations of the mother in October 1999 and October 2000. During Dr. Hinchey's 1999 involvement with her, the mother "tended to be rather argumentative and defensive," and she showed "a tendency for a personality disorder with narcissistic and antisocial features." The mother was involved in "[m]ultiple relationships" and had "primarily lived on AFDC monies and food stamps" until she was certified as a nursing assistant. Although Dr. Hinchey found the mother to be more cooperative during the October 2000 evaluation, she nevertheless found her to have "significant limitations relative to her understanding of appropriate parenting roles and presence of empathy, as well as really not experiencing a real connectiveness to her children." Dr. Hinchey further testified that she

was concerned in 1999 that [the mother] did not seem to have a full understanding of her responsibility as a parent and I was rather skeptical and felt that she would need ongoing monitoring in order to adhere to expectations from the Department and appropriate parenting behavior. In the year 2000, I was concerned that she had very limited motivation. She had little knowledge of her children and their development, other than in a cursory fashion, and I believe that the characterological nature of her personality and issues would tend to keep replicating her mistakes across time and I did not think this would bode well for the children's stability.

Dr. Hinchey stated that the mother had problems maintaining employment and stability "even with the children not present." And although the children probably were not in danger "by acts of aggression," Dr. Hinchey was concerned about "issues of neglect because of the self-focus and difficulty following through with responsibility, because it does not occur to her," and Dr. Hinchey testified that the mother "described herself... and the reasons for the past acts of neglect as because she's been lazy." Dr. Hinchey stated that the disorder with which she had diagnosed the mother was "very difficult to change, and so [the mother's] behavior is likely to still show marginal adjustment and self-centeredness, which, if a person is not recognizing that the self-centeredness is an issue, it's going to be difficult to change that."

Dr. Deborah Seng, also a clinical psychologist, evaluated the children in June 2001 and found them to be "very bright, emotionally normal children." She testified that the older two children had been in foster care most of their lives and that the youngest child had been in foster care since birth. Dr. Seng stated that all three children had bonded with their foster families. She stated that "[t]he two little girls, I don't think, had any kind of memory or idea about [their] mother. The foster mother was the only mother they really knew." When Dr. Seng asked the third child "to draw his family, he drew his foster family, and he called his foster mother Mama, so that's who he identified as mother." She testified that no natural relative had bonded with the children. As for the mother, Dr. Seng stated that two of the children "don't know their mother, so they do not have an attachment. Nothing has been formed." She believed that removal of the children from their foster homes "would create great difficulty" for them and that "it would likely be in their best interest to remain where they are currently attached."

The court-appointed special advocate, Phyllis Evans, testified concerning her observations of the children. With regard to the youngest child, two years old at the time of the hearing and who had been in foster care all of her life, this witness testified that the child "sits closely up under [her foster mother] and she hugs her legs. Not a lot of verbal conversation between us, but I just observe and see how she responds to the foster mom, so I see there's a bond there." As for the other two children, who lived with another foster family, Evans testified that the girl "smiles a lot and says she want to be here with Mommy," her foster mother. And although the boy told her he "misses his mom and he wants to go there and live with her ... he also wants to come back and be able to spend nights and weekends with [his foster mother]. He has a bond with her. He doesn't want to break that." She believed that it was in the children's best interests "to be adopted and have permanency in their lives."

The mother testified that following her release from prison, she had contacted an agency about finding a home health job, but she could not remember the name of the agency. When asked why she had not contacted her children...