Order finding child deprived AFFIRMED as evidence supported it; evidence showed that then 5-month-old infant was sexually abused while she was solely in care of her mother and father and mother failed to protect infant from injury.

IN THE INTEREST OF K.L., (a09a1449 (10/21/09)

From:  Fulton County Daily Report (11/06/2009)

Termination of parents’ rights AFFIRMED, as evidence supported it; mother failed to comply with reunification case plans, was uncooperative with drug screener, failed to pay child support consistently and failed to maintain stable housing and employment; father was incarcerated majority of time between shelter order and hearing on termination petition, he continued his alcohol abuse and was terminated from program to assist with his drinking and anger problems; continued deprivation was likely to cause harm, since children had been in foster care for three years and foster parents provided children with security and stability that mother did not.

From:  Fulton County Daily Report (10/16/2009)

In the Interest of A.J.D.S., A09A1883, A09A1884 (09/25/09), 09 FCDR 3203.

Attorneys:  Earle W. Angell, Willie J. Woodruff Jr., Marie K. Evans, thurbert E. Baker, Shalen S. Nelson, Elizabeth M. Williamson.

Judges:  Robert Cullifer, Stephens Juvenile Court; Ellington, Mikell,  Johnson;  Georgia Court of Appeals
.

Order placing 4-year-old boy in DFACS’s custody, rather than with his paternal uncle and aunt, AFFIRMED; OCGA 19-8-7(a) did not require juvenile court to place child with his relatives, regardless of whether child’s father validly surrendered his parental right to them;  OCGA 15-11-103 does not require courts to give preference to family members in placing child following termination of parental rights and, in this case, juvenile court did not abuse its discretion in finding that immediate placement with uncle and aunt was not in child’s best interest, due to emotion impact of abrupt transition away from his foster family; uncle and aunt had right to directly appeal dispositional order placing boy in DFACS’s custody.

From:  Fulton County Daily Report (10/16/2009)

In the Interest of C.B., A09A1099 (10/01/09), 09 FCDR 3202

Attorneys:  Larry A. Ballew, Randall A. Meincke, thurbert E. Baker, Shalen S. Nelson, Kathryn A. Fox, Rochelle A. Doyle, Jennifer L. Pirrung

Judges:   J. Russell Jackson, Forsyth Juvenile Court; Phipps, Smith, Bernes, Georgia Court of Appeals.

Termination of father’s parental rights affirmed as clear and convincing evidence that incarcerated father sexually abused child supported it;

Court could address father’s constitutional challenge to OCGA 5-6-36 (a)(12), requiring decretionary appeals by application from orders terminating parental rights, rather than by direct appeal, even though father did not raise issue in trial court, since challenge fell within limited exception to general rule in instance of challenge to consitutionality of statue governing appellate procedure that is necessarily made for first time on appeal;

5-16-35 (a)(12) did not deny father equal protection, since it does not treat similarly-situated individuals differently; individual subject to termination of parential rights cannot be equated to individual, who faces interruption of custody, since termination is much more severe measure;

Assuming arguendo that father demonstrated similarly-situated requirement, equal protection challenge still failed, since classification is reasonable and state has legitimate interest in not permitting children determined to be deprived to languish in temporary care, but instead, to leave this situation for permanent stable homes as expeditiously as possible, and discretionary appeal process helps accomplish this goal.

From:  Fulton County Daily Report (12/16/09)

In re:  A.C., S09A0931 (10/05/09), 09 FCDR 3148

Attorney:  Phillip Jackson, Abdulhakim Saadiq, Tyrone M. Hodnett II

Judges:  Sanford J. Jones, Fulton Juvenile Court; Supreme Court of Georgia:  Hines

Denial of petition to terminate mother’s parental rights to three children, AFFIRMED, as DFACS failed to present clear and convincing evidence that deprivation was likely to continue; evidence showed that mother had made progress on her case plan, including maintaining housing and employment, undergoing mental health evaluations, completing parenting classes and visiting children; limitation forbidding judge from expressing or intimating his opinion did not apply to termination hearing, since it was not conducted in front of jury.

From:  Fulton County Daily Report (10/9/2009)

In the Interest of D.W., A09A0900 (09/23/09)

Attorneys:  Anissa R. Patton, Waymon Sims, Thurbert E. Baker, Shalen S. Nelson, Robert E. Hall, Victoria Warren

Judges:  George Blau, Fulton Juvenile Court; Georgia Court of Appeals, Smith, Bernes, Phipps

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

If parents test negative for illegal drug use, parents are gainfully employed, pass a home inspection, visited children regularly, and there are no safety concerns, the parents are fit and there can be no termination of parental rights.

In the Interest of D.L.T., A09A1009; A09A1010 (08/20/09), 09 FCDR 2861.

Judge:  J. Lane Bearden, Gordon Juvenile Court; Mikell,  PJ Johnson, J Ellington.

For more information contact:  CJ Remboldt

GA  juvenile courts lack jurisdiction over the a matter granting temporary custody of a child to a third party, if the deprivation petition is a disguised custody matter filed by the 3^rd party, where a third party specifically asked a juvenile court to remove the child from his mother’s custody and place him in their custody instead.

Also a petition does not a contain valid allegation of present deprivation if it focuses largely upon allegation of past deprivation and potential future deprivation related to mother’s drug use.

In the Interest of C.L.C.;  A09A0798 (08/18/09)

Judges:  Ben Miller / Spalding Juvenile Court; Phipps; Smith; Bernes.

For more information contact: CJ Remboldt

Even if a GA mother is protecting her child from a stepfather’s sexual abuse, and is getting the child the help she needs, if the mother does not fully appreciate all that must be still done to protect and care for her child, the child is deemed deprived.

In the Interest of A.P.,  285 Ga. App. 290, (08/07/09)

Judges:  Sandra W. Miller, Paulding Juvenile Court; P.J. Johnson, J. Mikell, 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