In Re Jsb, 627 S.E.2d 402 (Ga. Ct. App. 2006). · Go Syfert
In Re Jsb, 627 S.E.2d 402 (Ga. Ct. App. 2006). Cases Citing This Book View Copy Cite
64 citation events (64 in the last 25 years) across 1 distinct court.
Strongest positive: In the INTEREST OF R. S. T., a Child. (gactapp, 2018-03-16)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) In the INTEREST OF R. S. T., a Child.
Ga. Ct. App. · 2018 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (reversing a termination order and noting that “the mother’s inability to care for her children does not necessarily mean that her current relationship with them is detrimental” (citations and punctuation omitted)); In the Interest of A. T., 271 Ga. App. 470, 473 ( 610 SE2d 121 ) (2005) (same); In the Interest of D.
discussed Cited as authority (rule) In the Interest Of: E.M.D , M.C.D. , L.A.W. , and M.O.W. , Children (Mother)
Ga. Ct. App. · 2016 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (reversing and noting that “the mother’s inability to care for her children does not necessarily mean that her current relationship with them is detrimental”) (citations and punctuation omitted); In the Interest of A. T., 271 Ga. App. 470, 473 ( 620 SE2d 121 ) (2005) (same); In the Interest of D.
discussed Cited as authority (rule) In the Interest of E. M. D.
Ga. Ct. App. · 2016 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (reversing and noting that “the mother’s inability to care for her children does not necessarily mean that her current relationship with them is detrimental”) (citations and punctuation omitted); In the Interest of A. T., 271 Ga. App. 470, 473 ( 610 SE2d 121 ) (2005) (same); In the Interest of D.
discussed Cited as authority (rule) In the Interest of D. M. Et Al., Children
Ga. Ct. App. · 2016 · confidence medium
S. B., 277 Ga.App. 660, 662-63 (2) (c) ( 627 SE2d 402 ) (2006) (holding that trial court’s finding that deprivation was likely to continue was supported by the fact that mother was shown to have difficulty developing parenting skills, counselor testified that she did not believe mother would be able to develop appropriate skills in light of mental and emotional deficiencies, and mother failed to consistently participate in treatment for her mental-health condition). 30 In the Interest of D.
discussed Cited as authority (rule) In the Interest Of: S. P., a Child (Mother) (2×)
Ga. Ct. App. · 2016 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (citations and punctuation omitted).
discussed Cited as authority (rule) In the Interest of J. A. B. Et Al., Children
Ga. Ct. App. · 2016 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (noting the “vague testimony” of the DFCS caseworker and explaining that a mother’s inability to provide care does not mean her relationship with the children is detrimental).
discussed Cited as authority (rule) In THE INTEREST OF S. O. C., a Child
Ga. Ct. App. · 2015 · confidence medium
S. B., 277 Ga. App. at 663-64 (2) (d) (holding that given the fact that there was no specific evidence that the children were currently suffering harm as a result of the continued deprivation, the juvenile court erred in terminating the mother’s parental rights); In the Interest of A. T., 271 Ga. App. at 473-74 (same).
examined Cited as authority (rule) In THE INTEREST OF B. R. F., a Child (3×)
Ga. Ct. App. · 2015 · confidence medium
S. B., 277 Ga. App. 660, 661 (2) (a) ( 627 SE2d 402 ) (2006).
cited Cited as authority (rule) In the Interest Of: B. R. F. F/K/A B. R. M., a Child (Mother)
Ga. Ct. App. · 2015 · confidence medium
S. B., 277 Ga. App. 660, 661 (2) (a) ( 627 SE2d 402 ) (2006). 25 DFCS offered, and shortly thereafter, she executed documents surrendering her parental rights.
discussed Cited as authority (rule) In the Interest of S. R. R.
Ga. Ct. App. · 2015 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (reversing termination of mother’s parental rights where no expert witness *822 testified that mother’s antisocial personality disorder or learning disability would be detrimental to her children).
discussed Cited as authority (rule) In the Interest Of: D. P., a Child (Mother) v. State of Georgia (2×)
Ga. Ct. App. · 2014 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (accord).
discussed Cited as authority (rule) In the Interest of D. P. (2×)
Ga. Ct. App. · 2014 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (accord).
discussed Cited as authority (rule) In the Interest of T. Z. L.
Ga. Ct. App. · 2013 · confidence medium
S. B., 277 Ga. App. 660, 662 (2) (b) (i) ( 627 SE2d 402 ) (2006) (finding that medically verifiable mental deficiency rendered a mother unable to provide for her children’s needs, where mother was diagnosed with antisocial personality disorder, anger control problems, and mild mental retardation, where she consistently neglected to take medication prescribed to treat her mental health condition, and where as a result, she had difficulties understanding parenting concepts, as well as communicating with her children, and which circumstances led to mother’s inability to promptly seek medical …
discussed Cited as authority (rule) In the Interest Of: T. Z. L., a Child (Father) v. State of Georgia
Ga. Ct. App. · 2013 · confidence medium
S. B., 277 Ga. App. 660, 662 (2) (b) (i) ( 627 SE2d 402 ) (2006) (finding that medically verifiable mental deficiency rendered a mother unable to provide for her children’s needs, where mother was diagnosed with antisocial personality disorder, anger control problems, and mild mental retardation, where she consistently neglected to take medication prescribed to treat her mental health condition, and where as a result, she had difficulties understanding parenting concepts, as well as communicating with her children, and which circumstances led to mother’s inability to promptly seek medical …
examined Cited as authority (rule) In the Interest of J. E. (3×)
Ga. Ct. App. · 2011 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006); In the Interest of J.
examined Cited as authority (rule) In Re Je (3×)
Ga. Ct. App. · 2011 · confidence medium
In the final analysis, I believe that any determination that the continued deprivation will or is likely to "cause serious physical, mental, emotional, or moral harm to [a] *19 child" [36] must necessarily include a finding of serious harm or a likelihood of serious harm in maintaining the "uneasy status quo," [37] and because I find no such harm in the case sub judice, I respectfully dissent. [38] NOTES [1] 278 Ga.App. 564 , 567(1), 629 S.E.2d 529 (2006) (emphasis in original). [2] Supra, Majority Opinion at ___. [3] See In the Interest of D.L.T.C., 299 Ga.App. 765, 770 (1), 684 S.E.2d 29 (20…
discussed Cited as authority (rule) In the Interest of A. M.
Ga. Ct. App. · 2010 · confidence medium
S. B., 277 Ga. App. 660, 663 (2) (d) ( 627 SE2d 402 ) (2006) (notwithstanding evidence of the mother’s mental deficiency, no expert witness testified that the mental deficiency was detrimental to the children).
cited Cited as authority (rule) In the Interest of K. J. M.
Ga. Ct. App. · 2006 · confidence medium
S. B., 277 Ga. App. 660, 661 (1) ( 627 SE2d 402 ) (2006).
discussed Cited as authority (rule) In Re Kjm
Ga. Ct. App. · 2006 · confidence medium
His parental rights to K.J.M. were thus terminated. [5] In the Interest of J.S.B., 277 Ga.App. 660, 661 (1), 627 S.E.2d 402 (2006). [6] In the Interest of H.Y., 270 Ga.App. 497 , 503, 606 S.E.2d 679 (2004). [7] In the Interest of T.J., 273 Ga.App. 547 , 549, 615 S.E.2d 613 (2005). [8] In the Interest of V.M.T., 243 Ga.App. 732 , 736(3), 534 S.E.2d 452 (2000). [9] In the Interest of S.R.B., 270 Ga.App. 466 , 470(4), 606 S.E.2d 655 (2004). [10] In the Interest of C.M., 275 Ga.App. 719 , 722(3), 621 S.E.2d 815 (2005). [11] In the Interest of C.B.H., 262 Ga.App. 833 , 836(1), 586 S.E.2d 678 (2003)…
discussed Cited "see, e.g." In Re Am (2×)
Ga. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., In the Interest of J.S.B., 277 Ga.App. 660, 663 (2)(d), 627 S.E.2d 402 (2006) (notwithstanding evidence of the mother's mental deficiency, no expert witness testified that the mental deficiency was detrimental to the children).
discussed Cited "see, e.g." In Re Hfg (2×)
Ga. Ct. App. · 2006 · signal: compare · confidence low
Compare In the Interest of J.S.B., 277 Ga.App. 660 , 663-664(2)(d), 627 S.E.2d 402 (2006) (insufficient evidence to support the juvenile court's conclusion that continued deprivation is likely to cause serious harm to the children: "[t]he mother's inability to care for her children does not necessarily mean that her current relationship with them is detrimental") (citation, punctuation and footnote omitted); In the Interest of J.H., 258 Ga.App. 211, 216 , 573 S.E.2d 481 (2002) (same); In the Interest of D.F., 251 Ga.App. 859, 861-862 , 555 S.E.2d 225 (2001) (same). [11] 250 Ga.App. 152 , 550 S…
Retrieving the full opinion text from the archive…
In the Interest of J.S.B. et al., children.
A06A0522.
Court of Appeals of Georgia.
Feb 17, 2006.
627 S.E.2d 402
Blackburn.
Published

[*403] Melvin R. Horne, Cairo, for appellant.

Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Clark & Bellamy, Brian D. Bellamy, Thomasville, for appellee.

BLACKBURN, Presiding Judge.

Following the termination of her parental rights to J.S.B., S.S.H., and S.T.H., the children's natural mother appeals, contending that the evidence was insufficient to support the juvenile court's ruling. For the reasons set forth below, we reverse.

On appeal, we must determine whether, after reviewing the evidence in a light most favorable to the juvenile court's judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights should have been terminated. In the Interest of H.Y.[1] In addition, this Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the juvenile court's fact-finding and affirm unless the appellate standard is not met. In the Interest of C.R.G.[2]

Viewed in this light, the evidence shows that the mother's parental rights to seven previous children had been terminated due to her unrehabilitated substance abuse, failure to pay child support, and failure to comply with reunification case plans. She subsequently[*404] gave birth to J.S.B. on March 13, 2000 and to twins S.S.H. and S.T.H. on July 9, 2001. When S.T.H. in October 2003 broke her leg, the mother waited two days before seeking medical attention despite the child's limping and obvious pain. The mother then became incarcerated a few days later and left the children with their grandmother (who had previously been disapproved as a placement resource), requiring the local Department of Family and Children Services (DFCS) to take custody of the children for several days until the mother was released. When her residence shortly thereafter burned down and she again became incarcerated, Department of Family and Children Services (DFCS) again took custody of the three children. DFCS eventually filed a deprivation petition, and the mother did not appeal the juvenile court's subsequent finding of deprivation as to all three children. A reunification plan was ordered; however, based on dissatisfaction with the mother's level of compliance with the plan, less than two months later, DFCS petitioned to terminate the mother's parental rights. Following a hearing, the juvenile court granted the petition and terminated her rights, which she now appeals.[3]

1. Two-Step Review. As her sole enumeration of error, the mother contends that the evidence was insufficient to support the juvenile court's order terminating her parental rights. We agree.

The termination of parental rights under OCGA § 15-11-94 involves a two-step analysis. First, the juvenile court must determine whether there is clear and convincing evidence of parental misconduct or inability, as defined in OCGA § 15-11-94(b). Parental misconduct or inability is found when: "(i) the child is deprived; (ii) lack of proper parental care or control caused the deprivation; (iii) the cause of the deprivation is likely to continue; and (iv) continued deprivation is likely to cause serious physical, mental, emotional or moral harm to the child." In the Interest of J.L.K.[4] See OCGA § 15-11-94(b)(4)(A)(i)-(iv). "Second, if the juvenile court finds clear and convincing evidence of parental misconduct or inability, it must consider whether termination of parental rights is in the best interest of the child, considering the child's physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home." In the Interest of H.Y., supra at 503, 606 S.E.2d 679.

2. Parental Misconduct or Inability. The evidence supported a finding of the mother's parental misconduct or inability.

(a) Deprivation. The juvenile court previously adjudicated the children to be deprived and took judicial notice of its deprivation order in the order terminating the mother's parental rights. As she never appealed the deprivation finding, she is now bound by it. See In the Interest of J.J.[5]

(b) Lack of Proper Parental Care or Control Caused Deprivation. The second criterion for finding parental misconduct or inability requires a showing that a lack of proper parental care or control caused the deprivation. The statute sets forth several conditions that a juvenile court may consider regarding this issue, including:

(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;...
(v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent.

OCGA § 15-11-94(b)(4)(B)(i), (v).

(i) Medically Verifiable Mental Deficiency. The mother was diagnosed with antisocial personality disorder, anger control problems, and mild mental retardation. Despite[*405] these mental and emotional deficiencies, she disputed her need for psychological therapy and consistently neglected to take the medication prescribed to treat her mental health condition. As a result, the mother had difficulty understanding parenting concepts, as well as communicating with her children. These deficiencies further led to an inability to provide for one of the children's physical needs when she failed to promptly seek medical treatment for S.T.H.'s broken leg. In addition, these deficiencies rendered the mother unable to maintain employment and a stable, safe home environment, and thus unable to provide adequately for the mental and emotional needs of her children.

(ii) Physical, Mental, or Emotional Neglect. As mentioned, the mother failed to seek immediate medical treatment after S.T.H. broke her leg, showing physical neglect. In addition, the mother's incarcerations, which in turn forced DFCS to take custody of the children, demonstrated emotional neglect. Furthermore, the fact that she had previously lost her parental rights to seven other children because of substance abuse, failure to pay child support, and failure to comply with reunification case plans, showed her neglect of other children and therefore was properly considered as evidence supporting the contention that lack of proper care was the cause of her current children's deprivation. See In the Interest of B.B.[6] Thus, the evidence satisfied the second criterion for finding parental misconduct or inability. See In the Interest of C.R.G., supra at 164, 611 S.E.2d 784.

(c) Cause of Deprivation Likely to Continue. Sufficient evidence demonstrated that the cause of the deprivation was likely to continue in this case. It is appropriate for a trial court to consider a parent's past conduct in determining whether the deprivation is likely to continue. In the Interest of C.B.H.[7] As previously stated, the mother was shown to have difficulty developing parenting skills, resulting in her failure to seek immediate medical attention for her child's broken leg. Moreover, she consistently demonstrated a reluctance to improve her parenting skills. Indeed, the in-home counselor who attempted to teach the mother parenting skills testified that she did not believe that the mother would ever be able to develop adequate skills in light of her mental and emotional deficiencies. Additionally, she has failed to participate consistently in treatment for her mental health condition. See In the Interest of H.Y., supra at 504(1)(b), 606 S.E.2d 679. The mother's past felony conviction and incarcerations are also indicative of the likelihood of continued deprivation. See In the Interest of B.C.[8] Thus, the third criterion for finding parental misconduct or inability was satisfied. See In the Interest of C.R.G., supra at 164, 611 S.E.2d 784.

(d) Continued Deprivation Likely to Cause Harm to Children. This brings us to the fourth criterion: whether any evidence shows that the continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the children. Although this is a difficult case, we find insufficient evidence to support the juvenile court's conclusion that continued deprivation is likely to cause serious harm to the children. Unlike other cases where we have found evidence of such harm, here no expert witness, such as a psychologist, testified that the mother's antisocial personality disorder or learning disability would be detrimental to the children by causing such things as anger problems or school problems. See In the Interest of S.A.B.[9] Nor did any such witness testify that impermanency and instability were causing specific harms to the children. See In the Interest of M.E.S.[10]

Rather, the only attempt to show that continued deprivation might possibly cause the children harm came from the vague testimony[*406] of the DFCS caseworker, who testified that the mother's past history of arrests, mental health issues, and inability to maintain employment created an unsafe and unstable environment. We have previously held, however, that "[t]he mother's inability to care for her children does not necessarily mean that her current relationship with them is detrimental." In the Interest of D.F.[11] See In the Interest of K.J.[12] ("the fact that a mother is unemployed, without prospects for future employment, and without any stable living arrangements is not sufficient to terminate parental rights"). Importantly, the caseworker failed to specify how the children were being harmed. For example, she did not testify that the deprivation had caused the children to be withdrawn or tantrum prone (see In the Interest of N.M.H.[13]); that the children were distressed or afraid of the mother (see In the Interest of C.T.M.[14]); or that the children suffered from nightmares following visits with the mother (see In the Interest of J.W.M.[15]).

Indeed, the lack of testimony as to specific harm has repeatedly caused us to reverse juvenile courts' orders of termination. See In the Interest of A.T.[16] (termination order reversed when only evidence of harm was mother's inability to parent her children); In the Interest of J.T.W.[17] (termination order reversed because "[i]t is not obvious that continued exposure to a mother who has difficulty establishing a stable home environment... will cause serious physical, mental, or moral harm to the child"); In the Interest of J.H.[18] (where the only evidence of harm was the suggestion that the mother's living with a fiancé would harm the child, termination order reversed).

"Only under compelling circumstances found to exist by clear and convincing proof may a court sever the parent-child custodial relationship." In the Interest of J.T.W., supra at 37-38(2)(d), 606 S.E.2d 59. Here, in the absence of sufficient evidence to satisfy the fourth criterion, we are required to reverse the termination order. In the Interest of A.T., supra at 475, 610 S.E.2d 121.

Judgment reversed.

MIKELL and ADAMS, JJ., concur.

1 In the Interest of H.Y., 270 Ga.App. 497, 498, 606 S.E.2d 679 (2004).
2 In the Interest of C.R.G., 272 Ga.App. 161, 162, 611 S.E.2d 784 (2005).
3 The rights of the biological father of J.S.B. and of the biological father of S.S.H. and S.T.H. were also terminated and neither has appealed.
4 In the Interest of J.L.K., 245 Ga.App. 860, 861, 539 S.E.2d 507 (2000).
5 In the Interest of J.J., 259 Ga.App. 159, 161-162, 575 S.E.2d 921 (2003).
6 In the Interest of B.B., 268 Ga.App. 858, 860(3)(a), 603 S.E.2d 333 (2004).
7 In the Interest of C.B.H., 262 Ga.App. 833, 836(1), 586 S.E.2d 678 (2003).
8 In the Interest of B.C., 235 Ga.App. 152, 155(b), 508 S.E.2d 774 (1998).
9 In the Interest of S.A.B., 269 Ga.App. 705, 709, 605 S.E.2d 100 (2004).
10 In the Interest of M.E.S., 263 Ga.App. 132, 139(3), 587 S.E.2d 282 (2003).
11 In the Interest of D.F., 251 Ga.App. 859, 862, 555 S.E.2d 225 (2001).
12 In the Interest of K.J., 226 Ga.App. 303, 305(1), 486 S.E.2d 899 (1997).
13 In the Interest of N.M.H., 252 Ga.App. 353, 357, 556 S.E.2d 454 (2001).
14 In the Interest of C.T.M., 273 Ga.App. 168, 170(1)(c), 614 S.E.2d 812 (2005).
15 In the Interest of J.W.M., 273 Ga.App. 20, 23(1)(d), 614 S.E.2d 163 (2005).
16 In the Interest of A.T., 271 Ga.App. 470, 473, 610 S.E.2d 121 (2005).
17 In the Interest of J.T.W., 270 Ga.App. 26, 37(2)(d), 606 S.E.2d 59 (2004).
18 In the Interest of J.H., 267 Ga.App. 541, 545-546, 600 S.E.2d 650 (2004).