IN RE RSH, A04A1093.

• Decision Date: 10 August 2004
• Docket Number: No. A04A1093.,A04A1093.
• Parties: In the Interest of R.S.H. et al., children.
• Court: Georgia Court of Appeals

603 S.E.2d 675

269 Ga. App. 292

In the Interest of R.S.H. et al., children.

No. A04A1093.

Court of Appeals of Georgia.

August 10, 2004.

Reconsideration denied August 27, 2004.

James K. Kidd, Statesboro, for Appellant.

Thurbert E. Baker, Atty. Gen., William C. Joy, Shalen S. Nelson, Sr. Asst. Attys. Gen., Millard B. Shepherd, Jr., for Appellee.

MIKELL, Judge.

Appellant mother appeals the termination of her parental rights to R.S.H., F.V.H. and D.M.H. She argues that the juvenile court erred in finding clear and convincing evidence that her parental rights have been lost. We affirm.

In considering a challenge to the sufficiency of the evidence supporting an order terminating parental rights, this Court is required to view the evidence in the light most favorable to the appellee, here the [Screven County Department of Family and Children Services (the "Department")], and determine whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights have been lost. We do not weigh the evidence or determine the credibility of the witnesses but defer to the trial court's factfinding and affirm unless the evidence fails to satisfy the appellate standard of review.

(Citation omitted.) In the Interest of S.L.B., 265 Ga.App. 684, 595 S.E.2d 370 (2004). Viewing the evidence in favor of the Department, the record shows that the Department first became involved with appellant on May 28, 2001, after receiving complaints of neglect by appellant of R.S.H. and F.V.H., then aged three years old and one year old respectively. At that time, appellant was living with Bennie Howard, her biological father and the father of F.V.H. The Department learned that appellant had been involved in a consensual relationship with Howard for some time and that appellant was pregnant with her third child as a result of her involvement with another man, Carl Stanley. According to a Department report, the residence was overcrowded, and appellant did not demonstrate the cognitive ability to provide for her children's basic needs. The Department opened a child protective services case and established a case plan to assist appellant with coping skills, prenatal care, housing, TANF benefits, a GED, employment, and counseling. The Department also instructed appellant to stay away from Howard. Appellant failed to cooperate with these requirements and/or stay in touch with the Department.

Appellant eventually moved with the children into her mother's home and on September 17, 2001, provided a written statement to law enforcement about her sexual relationship with Howard and her fear that Howard might sexually abuse F.V.H. In January 2002, the Department learned that appellant was living in Effingham County with Howard. On February 6, 2002, the Effingham County Department of Family and Children Services (the "Effingham Department") determined that appellant, R.S.H., and F.V.H. were living with Howard in "deplorable" conditions (roach infestation, and trash and animal feces on the floor) and that the children were dirty and inappropriately dressed. The Effingham Department developed a second safety plan, which required appellant to return to Screven County and live with her sister. When appellant failed to comply with that plan, the Effingham Department attempted to locate appellant and found her and the children sleeping in a car with Howard. At that time, appellant was due to give birth to D.M.H. in two weeks. The Department sought emergency custody of R.S.H. and F.V.H. and placed them in the home of R.S.H.'s paternal grandmother, Evelyn Hubbard. D.M.H. was born on February 27, 2002, and placed in foster care.

The Department filed a deprivation petition on March 1, 2002. Following a hearing, the juvenile court, by order entered April 15, 2002, found that the children were deprived and granted to the Department temporary legal custody. This order was never appealed. The Department established a reunification plan which required appellant to obtain and maintain a source of income as well as stable, clean, and safe housing; attend parenting skills classes; submit to a psychological evaluation and follow any and all treatment recommendations; remain in regular contact and cooperate with the Department and child support enforcement; and attend all scheduled visitation sessions with the children. Appellant failed to comply with the reunification plan.

In early April 2002, the Department met with Hubbard about the placement of R.S.H. and F.V.H. Initially, Hubbard had agreed to care for the two children on a short term basis so that appellant could have daily contact with them. Hubbard advised the Department that appellant was not taking advantage of this opportunity. The Department and Hubbard decided to move the children from Hubbard's home and place them together with D.M.H. in the same foster home. Appellant was allowed to visit with the children for two hours every other week at the Department's office, but often showed up late.

At appellant's urging, the Department evaluated appellant's mother as a relative placement for the children. The Department denied that evaluation finding that appellant's mother was untruthful, unemployed, severely depressed, and had failed to protect her own daughter from sexual abuse.

The Department subsequently sought and obtained court approval to change the plan from reunification to nonreunification pursuant to a written order entered by the juvenile court on January 10, 2003. Following a hearing on February 12, 2003, the juvenile court entered an order on February 27, 2003, extending the Department's temporary legal custody of the children to which appellant consented.

The Department filed a petition to terminate the parental rights of appellant and any and all fathers on May 19, 2003. The juvenile court conducted a hearing on the petition on July 3, 2003.

Cynthia Lee, a case manager with the Department testified that appellant understood but failed to comply with any of the four case plans developed by the Department. By the time the children had been in the Department's custody for nine months, appellant had been given her third case plan, did not have a stable income, job or housing, had not attended any counseling or parenting classes, did not take the drug tests requested by the Department and had not paid any child support. Lee acknowledged that appellant rarely missed scheduled visits with the children, but she described those visits as "disturbing." Appellant could not control the children and spent several visits talking on her cell phone while the children ransacked the room. Additionally, despite Lee's attempts to demonstrate proper control techniques, appellant showed no improvement.

Lee acknowledged that the Department initially had not made available parenting classes because it did not have sufficient financial resources and because appellant had more serious issues to address. However, on October 21, 2002, Lee sent to appellant a letter instructing her about parenting classes beginning on October 28, 2002. Appellant never attended the classes.

By April 2003, appellant had found employment; however, she was $1,200 in arrears in child support and was living with Stanley and his two children at his parents' home. By May 2003, appellant and Stanley had moved in with appellant's former stepfather, and appellant had been laid off. During a visit with the children on July 2, 2003, appellant told Lee that she had married Stanley on May 30, 2003.

According to Lee, appellant still has unresolved mental health issues; her life is unstable and she moves from place to place; she lacks basic parenting skills; she assumes no responsibility for why her children are in foster care or for her future; she has a chronic history of making irresponsible decisions related to herself and her children; and despite the Department's efforts to reunite appellant with her children, she has not taken advantage of these opportunities. Lee also confirmed that appellant has been arrested for incest.

Cathy McMichael, a social worker with Behavioral Intervention Services, testified that the Department asked her organization to conduct a family assessment and psychological evaluation on appellant in May 2002. Appellant was diagnosed with generalized anxiety disorder, bipolar disorder, and dependent personality disorder with negativistic personality traits, paranoid personality features, and avoidant personality features. McMichael testified that appellant had no parenting ability and that without extensive parenting instruction and counseling, the children would suffer if they were returned to appellant.

Stanley confirmed his marriage to appellant on May 30, 2003, and testified that he has made efforts to legitimate R.S.H., including applying for a new birth certificate. Stanley testified that his children, aged twelve years old and ten years old, love appellant and that she is "real good" at caring for them. He also stated that he wants appellant's children to come live with them. He has never paid any child support for R.S.H.

Michael Waters, appellant's former stepfather, testified that his home has four bedrooms and two baths and that appellant is stable. He also testified that she suffered major depression when her uncle died but has shown a dramatic improvement since then.

Appellant testified that she became overwhelmed and depressed after her experience with Howard and the death of her uncle and that she has been depressed for three years but has since come out of her depression. She is now taking antidepressants and has a very good relationship with Stanley. She testified that she has not had contact with Howard in the past year except for one phone call. Appellant testified that she never completed a parenting class but that she would go now if given the chance. Appellant confirmed that she was laid off from her last job in May 2003...