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)

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 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

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