T. R. G., In Interest of, 63495
| Decision Date | 21 April 1982 |
| Docket Number | No. 63495,63495 |
| Citation | 162 Ga.App. 177,290 S.E.2d 523 |
| Parties | In the Interest of T. R. G. et al. |
| Court | Georgia Court of Appeals |
Michael A. Sherling, Moultrie, for appellants.
Larkin M. Fowler, Jr., Asst. Atty. Gen., Moultrie, Michael Bowers, Atty. Gen., Carol Atha Cosgrove, Vivian Davidson Egan, Asst. Attys. Gen., Atlanta, for appellee.
Termination of parental rights. This is a case involving a mildly mentally retarded mother also suffering from latent schizophrenia and an alcoholic, abusive father. The father voluntarily surrendered in writing his parental rights. The mother has not had custody of the two boys, aged 4 and 3, since 1979. Custody was removed at that time because the mother was admitted to Central State Hospital for treatment and the father was habitually drunk and abusive to the two infants. Custody was given to the paternal grandparents for foster care. The evidence indicated that prior to her commitment and treatment the mother was unable to give even minimal care for the maintenance and supervision of the children. She could not plan or prepare meals adequate to their continued good health, did not keep them in appropriate diapers, and subjected the children to somewhat bizarre emotional outbursts such as swinging from moods of crying and hysteria to inappropriate laughter. The children showed under psychological testing that they were becoming retarded or slow in emotional and intellectual development. After being placed in foster care, each child became more mentally and emotionally alert and responsive to their environmental influences. When the mother was released from the hospital on one occasion and the children were returned to the home, each child experienced regression to a more flat emotional and intellectual state. From 1979 until 1981 the mother has been treated by medication and has undergone training by mental health agencies. She has shown much improvement and as of the time of the hearing was living with one other person in a supervised program and together the two were "making it." This was defined as being able to purchase their own groceries, hold a full-time job, and generally manage their own affairs. The mother was shown to have learned to tell time by a clock a few weeks before the hearing and could count, and sign her own name. However, all persons who testified, including the mother, agreed that she was not yet capable of taking care of her two children and no one could state unequivocally that she ever would be. It was also agreed by all who testified that the mother was under constant supervision and though she did not need daily care, she always had such care at her beck and call. Based upon this state of evidence, the trial court terminated the parental rights of both the mother and father. Only the mother brings this appeal enumerating as error a finding that the children were deprived and that such deprivation would likely continue. Held :
Code Ann. § 24A-3201 provides, in part: "The court by order may terminate the parental rights of a parent with respect to his child if: ... (2) the child is...
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