Nix v. Department of Human Resources, 30973
| Citation | 236 Ga. 794,225 S.E.2d 306 |
| Decision Date | 05 May 1976 |
| Docket Number | No. 30973,30973 |
| Parties | Wilma NIX v. DEPARTMENT OF HUMAN RESOURCES. |
| Court | Supreme Court of Georgia |
Jack L. Sammons, Gainesville, for appellant.
William M. House, Gainesville, for appellee.
The Court of Appeals of Georgia has certified a question to this court for an answer. The question is whether an indigent parent, whose parental rights have been terminated by an order of a juvenile court on a petition filed by an agency of the state, is entitled to a paupered transcript of the proceeding in the juvenile court for use in appealing the decision of that court. The juvenile court found this child to be a deprived child and entered an order terminating the mother's parental rights to the child. The answer to the certified question is, yes-such a parent is entitled to a paupered copy of the transcript.
The state argues that in Brand v. Montega Corp., 233 Ga. 35, 209 S.E.2d 583 (1974), and Stone Mountain Memorial Assn. v. Stone Mountain Scenic R., 232 Ga. 92, 205 S.E.2d 293 (1974), this court held that the cost of preparation of a transcript in a civil case is not a recoverable cost of appeal. The court found in Brand that the expense of procuring and filing the transcript in a civil case must be borne by appellant. The state then points out that juvenile court proceedings are civil (not criminal) in nature. From these two arguments, the state extrapolates to the conclusion that this indigent mother is not entitled to a paupered transcript to appeal the juvenile court's order terminating her parental rights. We cannot accept the state's conclusion as it overlooks the unique character of juvenile court proceedings and the significant distinction in such cases vis-a-vis purely civil cases.
There can scarcely be imagined a more fundamental and fiercely guarded right than the right of a natural parent to its offspring. To terminate that right is to sever that right for the future as effectively in law as if it never had existed. It is a tearing of the flesh and it can be done by the court only under the most carefully controlled and regulated circumstances for the sake of the child. There must be compelling facts to establish the necessary lack of 'proper parental care or control' justifying the government's intrustion in cutting natural family ties. See Code Ann. §§ 24A-3201(a)(2), and 24A-401(h) (1).
The General Assembly wisely acknowledged the serious and often devastating consequences involved in terminating parental rights when it adopted the Juvenile Code. In Code Ann. § 24A-101 it provided the Code is to be 'liberally construed to the end that children whose well-being is threatened shall be assisted and protected and restored . . . and that each child coming within the jursdiction of that court shall receive, preferably in his own home, the care, guidance, and control that will conduce to his welfare and the best interests of the State . . .'
The Code also provides that a parent is entitled to have counsel appointed to represent that parent in the proceeding if counsel cannot be employed without undue financial hardship. See §§ 24A-1701(d), and 24A-2001(a). The statute referring to a 'needy person' (parent) speaks of 'one...
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In re J.E.
...In the Interest of K.J., 226 Ga.App. at 306(1), 486 S.E.2d 899 (citation and punctuation omitted); see also Nix v. Dep't of Human Res., 236 Ga. 794, 795, 225 S.E.2d 306 (1976) ("There can scarcely be imagined a more fundamental and fiercely guarded right than the right of a natural parent t......
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M.L.B. v. S.L.J., 95853
...540 P.2d 642 (1975); Cal. Family Code Ann. § 7895(c) (West 1994); Colo.Rev.Stat. § 19-3-609 (Supp.1996); Nix v. Department of Human Resources, 236 Ga. 794, 225 S.E.2d 306 (1976); In re Chambers, 261 Iowa 31, 152 N.W.2d 818 (1967); Kan. Stat. Ann. § 38-1593 (1986); In re Karren, 280 Minn. 37......
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...§ 15–11–262, and that statutory right has been authoritatively construed to include appellate counsel. Nix v. Dept. of Human Resources, 236 Ga. 794, 795–796, 225 S.E.2d 306 (1976). The denial of appellate counsel in this case was in violation of former OCGA § 15–11–98. So that statute and i......
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In re Interest of S.O.C.
...and punctuation omitted); accord In the Interest of K.J., 226 Ga.App. at 306(1), 486 S.E.2d 899 ; see also Nix v. Dep't of Human Res., 236 Ga. 794, 795, 225 S.E.2d 306 (1976) (“There can scarcely be imagined a more fundamental and fiercely guarded right than the right of a natural parent to......
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A Father's Right to Counsel in Georgia Juvenile Court Legitimation Proceedings: Closing the Due Process Loophole
...harmful because it calls into question the very structural integrity of the fact-finding process." (quoting Nix v. Dep't of Human Res., 225 S.E.2d 306, 307 (Ga. 1976))).3. See O.C.G.A. § 9-11-4 (Supp. 2011), § 15-11-96 (2012) (requiring personal service of summons and petition to parties to......