In re T.J.

• Decision Date: 28 August 2006
• Docket Number: No. A06A1560.,A06A1560.
• Citation: 281 Ga. App. 308,636 S.E.2d 54
• Parties: In the Interest of T.J. et al., children.
• Court: Georgia Court of Appeals

281 Ga. App. 308

636 S.E.2d 54

In the Interest of T.J. et al., children.

No. A06A1560.

Court of Appeals of Georgia.

August 28, 2006.

Richard O. Kentish Samms, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Marie Y. Watson, Hurl R. Taylor, Jr., for appellee.

BERNES, Judge.

The biological mother of T.J.J. and T.J.¹ appeals from the June 6, 2005 order entered by the Juvenile Court of DeKalb County terminating her parental rights. Appellant contends that the juvenile court erred in finding clear and convincing evidence that the cause of her children's deprivation was likely to continue and that termination of her parental rights would be in the best interests of the children. Finding no error, we affirm.

"In considering a challenge to the sufficiency of the evidence in a parental termination of rights case, the evidence must be reviewed in the light most favorable to the juvenile court's determination." In the Interest of T.B., 267 Ga.App. 484, 600 S.E.2d 432 (2004). So viewed, the record reflects that T.J.J. was born on February 16, 1999 and was placed in the protective custody of the Department of Family and Children Services ("DFCS") on that same date. The juvenile court thereafter adjudicated T.J.J. deprived and placed her in DFCS temporary custody based on its findings that appellant was 16 years old, had been in DFCS custody since 1989, and was "unable to provide adequate supervision and care for her child." Appellant's second daughter, T.J., was born on April 8, 2000 and was placed in DFCS custody for the same reasons. Both children have been in foster care for the subsequent six years, where they have required physical, occupational, and speech therapy to address delays in their development.

On June 30, 2000, DFCS petitioned to terminate appellant's parental rights to both children, and the juvenile court granted the petition.² On appeal, this Court reversed the juvenile court after concluding that DFCS had failed to prove that the children's deprivation was likely to continue and not be remedied under OCGA § 15-11-94(b)(4)(A)(iii). In the Interest of T.J.J., 258 Ga.App. 312, 314-316(1), 574 S.E.2d 387 (2002). In reaching this result, we noted:

The cause of the deprivation was attributed to the fact that [appellant] was a juvenile, that she had been in [DFCS]'s custody since 1989, and that she was unable to provide adequate supervision and care for her child. Yet, the evidence revealed that [appellant] had very recently reached the age of 18, was no longer in [DFCS]'s custody, and had begun stabilizing her life.

Id. at 314(1), 574 S.E.2d 387. We further pointed out that appellant had established a home with the biological father, had obtained full-time employment, was in the process of completing her high school education, and had attended family planning classes. Id. at 314-315(1), 574 S.E.2d 387. While appellant had not bonded with her children, we concluded that "the circumstances that prevented that opportunity and contributed to her children's deprivation [had] changed significantly." Id. at 315(1), 574 S.E.2d 387. We therefore reversed and remanded with instructions that a reunification case plan be established, "subject to whatever disposition is warranted by future events and those occurring since the last termination hearing." Id. at 316(1), 574 S.E.2d 387.

Following remand, DFCS developed and obtained judicial approval of a case plan under which appellant was required to: (1) obtain and maintain a source of income for the children; (2) obtain and maintain stable, clean, and safe housing large enough for herself and her children; (3) obtain childcare services or assure proper supervision of the children at all times; (4) schedule, attend, and complete parenting classes; (5) contact the relevant child support enforcement agency to establish child support payments; (6) attend and complete a psychological evaluation; (7) attend and complete any prescribed counseling sessions; and (8) follow all recommendations of the licensed treatment provider. Appellant made some initial progress toward these case plan goals. Consequently, the juvenile court modified the plan to increase the number of supervised visits between appellant and her two children from one to two visits per month.

Appellant's initial progress ended, however, in the fall of 2004. In appellant's own words, "me and my husband got married October 3rd of 2004, and November came, and we just fell. We just fell. You know, the devil ... got to us, and we just fell off, you know." On November 5, 2004, a law enforcement officer stopped appellant's husband because he was driving a vehicle with a stolen tag. Appellant and her infant son were passengers in the vehicle. The officer arrested appellant's husband for driving under the influence ("DUI") and driving with a stolen license tag. Because appellant informed the officer that her home did not have any heat, food, or electricity, the officer drove appellant and her infant son to a shelter. Appellant and her son spent the next 35 days in the shelter while her husband remained in jail.

Appellant did not notify her case manager about the DUI incident or about the fact that she and her infant son were living in a shelter. Only later did DFCS learn of what had occurred and that appellant's husband in fact had an extensive criminal history reflecting substance abuse problems, including past convictions for DUI and possession, manufacture, and distribution of a controlled substance.

Over the ensuing months, appellant failed to complete several of her case plan goals. Appellant never voluntarily paid any child support, resulting in her driver's license being suspended and her income tax refund being withheld by the child support enforcement unit. Appellant, who still had not obtained a high school diploma and was now unemployed, failed to seek new employment or otherwise obtain an income source to support her two minor daughters, even though her husband's income alone was insufficient to support two additional children in their home. Appellant never lined up childcare services, which would be necessary if and when she found new employment. Furthermore, appellant failed to complete her individual counseling and parenting education sessions with Ms. Cara Brannan, the licensed social worker to whom appellant was referred by DFCS. Appellant missed 13 of the scheduled sessions, sometimes not calling Ms. Brannan until several hours later or the next day to explain why she had failed to attend.

On May 20, 2005, DFCS filed a new petition to terminate appellant's parental rights over T.J.J. and T.J. At the evidentiary hearing on the petition, it was revealed that appellant is currently serving three years' probation for conspiracy to violate the Georgia Controlled Substances Act. Appellant's former and current DFCS case managers and Ms. Brannan testified concerning appellant's repeated failure to comply with her case plan goals. Appellant's current case manager and Ms. Brannan further testified that appellant, T.J.J., and T.J. had failed to develop a meaningful parent-child bond, and that the two children were instead strongly bonded and attached to their foster parents, whom they called "Mom" and "Dad." In turn, a former foster parent who still visits the children testified that they are happy, healthy, and "continue to progress ... mentally, physically, [and] spiritually" in their current foster care placement, and the current foster mother testified that the children have been in her and her husband's care for the past four years and that they wish to adopt them. Finally, the children's guardian ad litem recommended termination of the appellant's parental rights so that they could be adopted.

After the hearing, the juvenile court granted the petition and placed the children in the permanent custody of DFCS, with the right to proceed with adoption. This appeal followed.

1. The criteria and procedure for terminating parental rights are well settled under Georgia law.

OCGA § 15-11-94(a) sets out a two-part procedure for termination cases. First, the juvenile court must determine whether there is clear and convincing evidence of parental misconduct or inability, as defined in subsection (b) of the statute. Parental misconduct is found when: (1) the child is deprived; (2) lack of proper parental care or control is causing the deprivation; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94(b)(4)(A)(i)-(iv). Second, if the juvenile court finds clear and convincing evidence of parental misconduct or inability, "(it) shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child ..., including the need for a secure and stable home." OCGA § 15-11-94(a).

(Citations omitted.) In the Interest of S.L.B., 265 Ga.App. 684, 686-687(1), 595 S.E.2d 370 (2004).

Appellant does not challenge the juvenile court's findings as to the first, second, and fourth criteria for parental misconduct or inability. Rather, appellant limits her challenge to the court's finding as to the third criterion, whether the cause of her daughters' deprivation was likely to continue and not be remedied. See OCGA § 15-11-94(b)(4)(A)(iii). "[C]ourts may consider the past conduct of a parent in determining whether the deprivation is likely to continue." In the Interest of S.L.B., 265 Ga.App. at 688(1), 595 S.E.2d 370. "The juvenile court is not required to reunite the children with appellant in order to obtain current evidence of deprivation or neglect." (Citation and punctuation omitted.) In the Interest of L.G., 273 Ga.App. 468, 474(2)...