A GA mother who suffers from a mood and personality disorders but is adverse to medication, does not comply with the goals of a reunification plan, fails to stabilize her volatility, and fails to maintain steady employment and stable housing, is evidence of a lack of parental care or control causing a child’s deprivation, the deprivation is likely to continue, and the deprivation is likely to cause the child serious harm.

Termination of parental rights is in the best interest of the child when she has been in DFACS custody for all but eight of her 27 months.

Judicial notice of evidence, exhibits, testimony and unappealed court orders in an underlying deprivation proceedings in the same court is not an abuse of discretion when the parent was allowed to confront the witnesses.

Trail counsel is not deficient for stipulating to evidence admitted in prior deprivation proceedings.

In the Interest of S.N.H.   A09A0159 (08/18/09)

Judges:  Phyllis Miller, Gwinnett Juvenile Court;  Mikell, Johnson, Ellington.

For more information contact:  CJ Remboldt

A GA parent who  tests positive for marijuana and cocaine at the inception of a case, has a history of marijuana use, lacks stable and suitable housing, has no stable employment, does not pay child support and continues to reside with the children’s other parent, who has a chronic drug and alcohol abuse problem supports the termination of the parent’s parental rights to her children.

If a court grants a parent application for discretionary appeal, the parent can not show harm from the juvenile court’s alleged failure to provide a transcript.

A juvenile court does not abuse its discretion in determining the children should stay in their stable foster home , where the children have bonded with the foster parents and the foster parents wished to adopt them rather than a grandparent who is away from home for months at a time.

In the Interest of J.J.  A09A1330 (07-17-09)

Judges:  M. Anthony Baker, Cherokee Juvenile Court;  Bernes, Smith, Phipps

For more information contact:  CJ Remboldt

A GA juvenile court’s denial of mother’s request for a termination hearing transcript to be used in her appeal is deemed harmless because a transcript is not required to file the appeal and because the transcript and entire record is available for appellate review.

If a juvenile court considers hearsay testimony, and the testimony is not objected to by parent’s Counsel, counsel’s failure to object will not constitute reversible error if other evidence supports the juvenile court’s findings and conclusion.

In the Interest of D.R., A09A0622 (07/07/09)

Judges:  Vincent Crawford, Dekalb Juvenile Court.  Barnes, Miller, Andrews.

For more information contact:  CJ Remboldt

A GA Superior Court has jurisdiction over the temporary  award of custody of a child to grandparents if complaint was not in nature of a deprivation petition and does not allege they should be granted permanent custody of the child because the child is deprived.

Even if an earlier petition is filed by DFACS and rejected by Juvenile court, if there is no Superior Court order transferring petition to juvenile court , jurisdiction obtained during original deprivation proceeding cannot serve to retain jurisdiction in juvenile court.

If there is no trial transcript the trial court’s remaining rulings are presumed correct.

Wiepert v. Stover, A09A0197 (07/02/09)

For more information contact:  CJ Remboldt