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GA Court of Appeals affirmed the juvenile court’s deprivation order, as clear and convincing evidence supported it.

Posted May.21, 2012 by Cynthia J. Remboldt, Esq., under Deprivation

 Deprivation, Juvenile court

The Court of Appeals affirmed the juvenile court’s deprivation order, holding that clear and convincing evidence supported it. The child’s mother was the primary caretaker because the father worked overtime; the mother claimed that the child had 34 types of seizure disorders, 10-12 deadly allergies and was unable to bring books home from school or read more than 10 books per year; the mother interfered and refused to cooperate with efforts to verify the child’s medical conditions; and the father acknowledged that, if he was awarded custody, he would continue to work, allowing the juvenile court to conclude that the mother would continue as the child’s primary caretaker.

In the Interest of A. L., A11A1851, (02/01/12)

Fulton County Daily Report, February 10, 2012

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GA Court of Appeals affirmed that juvenile court properly concluded that it was not authorized to impose attorneys’ fees.

Posted May.09, 2012 by Cynthia J. Remboldt, Esq., under Attorney Fees, Deprivation

 attorney's fees, Deprivation, Juvenile court

The Court of Appeals affirmed the denial of Robert W. Leavenworth’s motion for an award of attorneys’ fees and costs against his daughter’s maternal grandparents after the juvenile court dismissed the grandparents’ deprivation action against him, holding that the juvenile court properly concluded that it was not authorized to impose attorneys’ fees under O.C.G.A. § 9-15-14. The juvenile courts have not adopted O.C.G.A. § 9-15-14, there is no implicit attorneys’ fee award for frivolous litigation in the Juvenile Court Code, and English v. Milby, 233 Ga. 7 (1974), holds that the Civil Practice Act does not apply to juvenile courts.

In the Interest of T. M. M. L., A11A 1589 (01/24/12)

Fulton County Daily Report, February 3, 2012

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GA Court of Appeals affirmed the juvenile court’s order, awarding custody to DFCS.

Posted Apr.23, 2012 by Cynthia J. Remboldt, Esq., under Custody, Deprivation, DFACS

 Custody, Deprivation, DFCS

Court of Appeals affirmed the juvenile court’s order finding that the minor child was deprived and awarding his custody to DFCS, holding that clear and convincing evidence established that the child was without the care necessary for his mental or emotional health because he and his father had not completed family counseling. The Court also held that the trial court did not abuse its discretion in delaying family therapy until the child was ready.

In the Interest of H. J., A11A1756 (12/08/12)

Fulton County Daily Report, December 29, 1012

 

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GA DFACS made reasonable efforts to prevent removal of child from her father’s custody.

Posted Mar.10, 2012 by Cynthia J. Remboldt, Esq., under Deprivation

 Deprivation

Temporary custody and deprivation order, affirmed; juvenile court did not err in approving DFACS’ request to maintain temporary custody, since DFACS made reasonable efforts to prevent removal of child from her father’s custody, evidence established that father failed his drug screens on three occasions, failed to get whooping cough vaccine required to safeguard child’s fragile health, lacked stable housing and remained unemployed, failed to pay child support, failed to submit information needed for criminal background check, and had suspended license and no reliable means of transporting child to doctors’ appointments.

In the Interest of T.B.W., A11A1897 (11/18/11)

Fulton County Daily Report, December 9, 2011

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GA Juvenile court did not err in holding review hearing without mother present.

Posted Feb.19, 2012 by Cynthia J. Remboldt, Esq., under Custody, Deprivation

 Child Custody, Deprivation

Continuation of custody of minor mother’s 2-year-old child with DFACS, affirmed, as juvenile court did not err in holding review hearing without mother present; pretermitting whether court erred in not continuing hearing, mother failed to establish that she was harmed by not being present, as she did not allege that her attorney did not adequately represent her interests or that juvenile court erred in its disposition of case; juvenile court did not err in admitting certain unauthenticated documents, as all helpful information may be received in proceeding involving child custody, other non-hearsay evidence supported juvenile court’s findings, and mother failed to show how she was harmed by documents’ admission.

In the Interest of N. H., A11A1280 (10/20/11)

Fulton County Daily Report, November 4, 2011

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GA Termination of mother’s parental rights, affirmed, as deprivation was likely to continue.

Posted Nov.11, 2011 by Cynthia J. Remboldt, Esq., under Deprivation

 Deprivation

Termination of mother’s parental rights to her child, affirmed; clear and convincing evidence authorized juvenile court to rule that child’s deprivation was likely to continue and was likely to harm him; mother gave birth to child in prison, she was without home of her own and unable to provide housing for child, she was unemployed and unable to provide for child’s financial needs, and she suffered from mental health problems for which she allegedly failed to take her medicine; mother also failed to bond with child and did not contact child or DFACS for 16 months that he was in DFACS custody; termination of mother’s parental rights was in child’s best interest, since there was testimony regarding bonding of child with his foster parents, who wished to adopt him, and danger of foster care drift, if permanency was not established.

In the Interest of A. E. S., A11A0692 (07/07/11)

Fulton County Daily Report, July 29, 2011

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GA Dismissal of deprivation complaint, affirmed, as there were no reasonable grounds to find that minor was deprived.

Posted Nov.07, 2011 by Cynthia J. Remboldt, Esq., under Deprivation

 Deprivation

Dismissal of deprivation complaint, affirmed, as juvenile court acted within discretion in finding that there were no reasonable grounds to find that minor was deprived; minor tested positive twice for Chlamydia but mother and step-father tested negative for disease; mother was cooperating with investigation; minor had not been exposed to disease through penetration, and case manager testified that DFACS did not believe minor was in any immediate danger of harm within home.

In the Interest of J. F., A11A0538 (07/13/11)

Fulton County Daily Report, July 29, 2011

 

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GA Termination Of Parental Rights To Three Children

Posted Feb.27, 2010 by Cynthia J. Remboldt, Esq., under Custody, Deprivation, Parental Rights

 Custody, Deprivation

Termination of mother’s parental rights to her three children, AFFIRMED, as evidence supported it; mother had history of displaying bizarre, paranoid behavior, she stopped taking her prescribed medication and skipped her mental health appointments, she failed to clean her home, she provided no evidence of employment or ability to pay monthly living expenses, she failed to pay child support and she failed to maintain bond with her children.

In the Interest of S.P., A09A15 (11/12/09)

From:  Fulton County Daily Report  (12/4/ 2009)

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GA Deprivation Was Likely To Cause Harm Due To Children’s Emotional And Psychological Frailty

Posted Feb.24, 2010 by Cynthia J. Remboldt, Esq., under Custody, Deprivation, Parental Rights

 Deprivation, incarceration, Parential Rights

Termination of father’s parental rights, AFFIRMED, as evidence supported it; father never contacted children nor DFACS during his 5-year incarceration, he failed to maintain or establish meaningful bond with children, essentially abandoning them and, even before his incarceration, he only saw children sporadically, despite his purported concern that mother abused drugs; continued deprivation was likely to cause harm due to children’s emotional and psychological frailty and termination was in children’s best interest.

In the Interest of T.L.H. and O.D.H., A09A1177

From:  Fulton County Daily Report, 12/4/2009

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Deprivation Affirmed, Mother Subjected Children To Unwarranted Forensic Interviews And Exams

Posted Feb.21, 2010 by Cynthia J. Remboldt, Esq., under Custody, Deprivation, Evidence, Parental Rights

 Deprivation, Forensic Evidence, sexual abuse

Deprivation order AFFIRMED as evidence supported it; mother repeatedly subjected children to unwarranted and unnecessary forensic interviews and medical exams in her unsuccessful attempts to substantiate sexual abuse by their father.

In the Interest of S.K. and A.K., A09A1357 (11/13/09)

From:  Fulton County Daily Report (12/4/2009)

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