Roberson v. Department of Human Resources
| Decision Date | 05 January 1979 |
| Docket Number | No. 56936,56936 |
| Citation | 148 Ga.App. 626,252 S.E.2d 57 |
| Parties | ROBERSON v. DEPARTMENT OF HUMAN RESOURCES. |
| Court | Georgia Court of Appeals |
Moore & McLaughlin, James B. McLaughlin, Jr., Macon, for appellant.
John W. Collier, Macon, Arthur K. Bolton, Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Don A. Langham, First Asst. Atty. Gen., Michael J. Bowers, Senior Asst. Atty. Gen., for appellee.
This is an appeal from a final order of a juvenile court terminating the parental rights of the appellant, the natural mother. The petition alleged that the four children were deprived as defined by Code Ann. § 24A-401(h)(1) in that they are without proper parental care or control, subsistence and education. The petition stated further that the natural father is deceased and that the children are currently residing in foster care. Three hearings were held on this matter. At the first, counsel for both parties stipulated that the children were in a state of deprivation when the petition was filed. For this reason, temporary custody of the children was awarded to the department for a period of six months, during which time the appellant was to continue treatment, therapy, and medication for her emotional and mental difficulties, as well as for her drug abuse problems. At the second hearing, the court allowed an amendment to the petition seeking termination of parental rights. The court found that the children were still in a state of deprivation as the mother was not physically or emotionally capable of having custody of the children but that the mother may be able to correct this situation at some future date. Therefore, the department retained temporary custody and the court withheld disposition. At the third hearing, the court ordered the termination of appellant's parental rights at the close of appellant's evidence. In its order, the court found as fact that the mother had not provided an adequate home for the children; that she has had no permanent address, has been incarcerated in jail, and treated in the state hospital since the filing of the petition. The court further found that there has been no substantial change on the mother's part in that she continued to abuse drugs, and the evidence did not show that she had improved and stabilized her living and emotional conditions. On these facts, the court based its conclusion that the causes and...
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Chancey v. Department of Human Resources
...G., 146 Ga.App. 534, 246 S.E.2d 739 (1978); Childers v. Clayton County DFCS, 147 Ga.App. 825, 250 S.E.2d 564 (1978); Roberson v. DHR, 148 Ga.App. 626, 252 S.E.2d 57 (1979); Wynn v. DHR, 149 Ga.App. 559, 254 S.E.2d 883 (1979); Avera v. Rainwater, 150 Ga.App. 39, 256 S.E.2d 648 (1979); Kilgor......
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M. A. C., In Interest of
...is suffering or will probably suffer serious physical, mental, moral, or emotional harm . . ." See, e. g., Roberson v. Dept. of Human Resources, 148 Ga.App. 626, 252 S.E.2d 57 (1979); Leyva v. Brooks, 145 Ga.App. 619(1), 244 S.E.2d 119 (1978). "The thread running through (cases wherein pare......
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S.G.T., In re, 69764
...juvenile court's determination of deprivation and thereby authorized the termination of parental rights. Roberson v. Dept. of Human Resources, 148 Ga.App. 626, 252 S.E.2d 57 (1979). Great stock should be placed in those cases which acknowledge the juvenile court judge as the trier of fact a......
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Collins v. Martin
...143 Ga.App. 208, 237 S.E.2d 696 (1977) (father of child mentally retarded with drinking problem); Roberson v. Dept. of Human Resources, 148 Ga.App. 626, 252 S.E.2d 57 (1979) (mother had been incarcerated and was drug user); George v. Anderson, 135 Ga.App. 273, 217 S.E.2d 609 (1975) (father ......