Denial of foster parent’s petition to adopt her foster daughter, REVERSED; since no evidence supported denial of adoption petition and trial court improperly infringed on DFCS’s authority; foster parent petitioned superior court to adopt child, which trial court denied on the basis that placing child with foster parent was against public policy, since foster parent was not married to man with whom she lived; no evidence supported denial of adoption petition and all witnesses, including guardian ad litem appointed by trial court, testified that adoption was in child’s best interest and that removal of child from foster parent’s home would be devastating;  OCGA 19-8-3(b) does not prohibit this adoption, since ‘”[a]any adult person , including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply” for adoption; public policy, as set forth in OCGA 49-5-281(a)(20), dictates that foster parent, who has fostered child for more than 12 months, should be first choice as permanent parent where appropriate; order directing DFACS to remove child from foster parent’s home infringed upon authority of DFACS as legal custodian with right to determine physical placement of child.

In Re Petition of Thersa Goudeau to Adopt a Minor Child, A10A1720; A10A1721 (08/27/10), 10 FCDR 2881

Fulton County Daily Report, 09/17/2010

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
.