Murray v. Hall County Dept. of Family and Children Services, 51416
| Decision Date | 16 January 1976 |
| Docket Number | No. 51416,No. 1,51416,1 |
| Court | Georgia Court of Appeals |
| Parties | B. R. MURRAY v. HALL COUNTY DEPARTMENT OF FAMILY & CHILDREN SERVICES |
Robinson, Harben, Armstrong & Millikan, Troy R. Millikan, Gainesville, for appellant.
Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Chief Deputy Asst. Atty. Gen., Dorothy Y. Kirkley, Asst. Atty. Gen., Atlanta, William M. House, Sp. Deputy Asst. Atty. Gen., Gainesville, for appellee.
This is an appeal from an order by the Juvenile Court of Hall County terminating Murray's parental rights to his 18-month-old illegitimate son, upon the court's determination that the infant was a deprived child within the meaning of Ga.L.1971, pp. 709, 713; 1973, p. 579; 1973, pp. 882, 884 (Code Ann. § 24A-401(h)(1)).
Appellant enumerates four errors, alleging error in the court's conclusion that the infant was a deprived child; that this deprivation was likely to continue; the insufficiency of the evidence to support the court's determinations; and the refusal to grant a continuance. Held:
1. The evidence amply warrants conclusions that appellant enteed into a meretricious relationship with the child's mother while both father and mother were still married to other spouses, though at the time both apparently were separated and living apart from their respective spouses. The evidence reflects that at the time appellant was the father of three children by his marriage and that the mother had two children by her marriage. After the child, who is the subject of the termination rights, was conceived, the mother undertook to care for all five children. There was evidence that her children were seriously abused physically, including the tying of a string around one child's penis because he wet his diapers, with resulting cutting and scarring; third degree burns in the diaper area of a child, apparently from scalding water; the 'drowning' of one child with successful resuscitation at a hospital; the laceration of one child's scrotum to the extent that a testicle extruded; bruises over the bodies of both children; cuts over each child's eye and what could have been cigarette burns. The children were dirty, needing more frequent baths and their heads crustaceous. While all of these conditions were not attributable to appellant, he willingly allowed his children to become a part of such an environment. Based upon complaints of relatives, appellant was arrsted and charged with child abuse by scalding one child and typing off the penis of another. The mother initially testified at his criminal trial that appellant was responsible, though she later recanted and claimed sole responsibility. Appellant was convicted of child abuse and sentenced to two five-year terms, the second suspended. This conviction was affirmed by this court in Murray v. State, 135 Ga.App. 344, 217 S.E.2d 448 and the denial of an extraordinary motion for new trial based upon newly discovered evidence was affirmed in Murray v. State, 135 Ga.App. 667, 218 S.E.2d 673.
Though there was no evidence that the infant child involved has ever suffered any abuse, the trial court did not err in determining the infant was a 'deprived child.' Appellant has been convicted of serious cruelty to children in the same family and subsequently...
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Chancey v. Department of Human Resources
...136 Ga.App. 251, 220 S.E.2d 726 (1975); Brown v. Fulton County DFCS, 136 Ga.App. 308(2), 220 S.E.2d 790 (1975); Murray v. Hall County DFCS, 137 Ga.App. 291, 233 S.E.2d 486 (1976); In the Interest of K. C. O., 142 Ga.App. 216, 235 S.E.2d 602 (1977); Watkins v. DHR, 143 Ga.App. 208, 237 S.E.2......
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Childers v. Clayton County Dept. of Family & Children Services
...Ga.App. 347, 233 S.E.2d 449. The evidence supports the juvenile court judge's findings of fact. See Murray v. Hall County Dept. of Family &c. Services, 137 Ga.App. 291, 223 S.E.2d 486; In the Interest of K. C. O., 142 Ga.App. 216, 235 S.E.2d 602; Watkins v. Dept. of Human Resources, 143 Ga.......
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Wynn v. Department of Human Resources
...of the children." See, e. g., In the Interest of: K. C. O., 142 Ga.App. 216(2), 235 S.E.2d 602; Murray v. Hall County Dept. of Family &c. Services, 137 Ga.App. 291(1), 223 S.E.2d 486, upholding a termination of parental rights where evidence did not show actual abuse to the child who was th......
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M.G.F., In Interest of
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