In the Interest of J. P., 480 S.E.2d 8 (Ga. 1997). · Go Syfert
In the Interest of J. P., 480 S.E.2d 8 (Ga. 1997). Cases Citing This Book View Copy Cite
“bare statement of some facts considered does not show that those facts support the conclusions”
232 citation events (199 in the last 25 years) across 2 distinct courts.
Strongest positive: In the Interest of K. J. (gactapp, 1997-04-29)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (quoted) In the Interest of K. J.
Ga. Ct. App. · 1997 · quote attribution · 1 verbatim quote · confidence low
bare statement of some facts considered does not show that those facts support the conclusions
cited Cited as authority (rule) In the Interest of R. C., a Child (Mother)
Ga. Ct. App. · 2025 · confidence medium
P., 267 Ga. 492, 492-493 ( 480 SE2d 8 ) (1997);1 see In the Interest of E.
cited Cited as authority (rule) John David Faulkner, III v. Cassandra Cotes
Ga. Ct. App. · 2024 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997).
cited Cited as authority (rule) In the Interest of C. L., Children (Mother)
Ga. Ct. App. · 2023 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997); In the Interest of S. J., 270 Ga. App. 598, 608 (1) (a), (b) ( 607 SE2d 225 ) (2004); see OCGA § 5-6-35 (j).
cited Cited as authority (rule) In the Interest of S. W., a Child (Mother)
Ga. Ct. App. · 2022 · confidence medium
P., 267 Ga. 492, 492 ( 480 SE2d 8 ) (1997).
cited Cited as authority (rule) In the Interest of C. L. W., a Child
Ga. Ct. App. · 2020 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable); In the Interest of W.
cited Cited as authority (rule) In the Interest of A. B., a Child (Mother)
Ga. Ct. App. · 2019 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).
cited Cited as authority (rule) In the Interest of D. L., Children
Ga. Ct. App. · 2017 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable); In the Interest of W.
cited Cited as authority (rule) In the Interest of D. L., Children
Ga. Ct. App. · 2017 · confidence medium
P., 267 Ga. 492, 492-493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).
cited Cited as authority (rule) In the Interest Of: H. G. and L. G., Children
Ga. Ct. App. · 2016 · confidence medium
P., 267 Ga. 492, 492-493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).
cited Cited as authority (rule) In the Interest Of: L. G. and H. G., Children
Ga. Ct. App. · 2016 · confidence medium
P., 267 Ga. 492, 492-493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).
cited Cited as authority (rule) In the Interest Of: L.G. and H.G., Children
Ga. Ct. App. · 2016 · confidence medium
P., 267 Ga. 492, 492-493 ( 480 SE2d 8 ) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).
cited Cited as authority (rule) In THE INTEREST OF G. R. B., a Child
Ga. Ct. App. · 2015 · confidence medium
P., 267 Ga. 492, 492 ( 480 SE2d 8 ) (1997). 18 In the Interest of A. J.
cited Cited as authority (rule) In the Interest Of: T. T., a Child (Mother)
Ga. Ct. App. · 2014 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997); In the Interest of W.
cited Cited as authority (rule) In the Interest of T. D.
Ga. Ct. App. · 2011 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997).
cited Cited as authority (rule) In the Interest of V. D. S.
Ga. Ct. App. · 2007 · confidence medium
P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997).
discussed Cited as authority (rule) In Re Is
Ga. · 2005 · confidence medium
Although appellants assert, correctly, that the issues of deprivation and custody are separate and distinct, see In the Interest of J.P., supra, 267 Ga. at 492, 480 S.E.2d 8 , we do not agree that the juvenile court's action in closing the case did nothing more than resolve the custody of appellants' children.
cited Cited as authority (rule) Interest of I. S.
Ga. · 2005 · confidence medium
R, supra, 267 Ga. at 492, we do not agree that the juvenile court’s action in closing the case did nothing more than resolve the custody of appellants’ children.
cited Cited as authority (rule) In the Interest of C. C.
Ga. Ct. App. · 2001 · confidence medium
S., 212 Ga. App. 203, 205 ( 441 SE2d 412 ) (1994), overruled on other grounds, In the Interest of J P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997); In the Interest of C.
cited Cited as authority (rule) Rodriguez v. Nunez
Ga. Ct. App. · 2001 · confidence medium
In the Interest of J P., 267 Ga. 492, 493 ( 480 SE2d 8 ) (1997).
discussed Cited "see" In the Interest of B. G., a Child (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
Thus, "the facts must be found specially; and the conclusions of law must be stated separately, regardless of whether the order otherwise is sufficient for purposes of review." Coley v. Coley , 169 Ga. App. 426 , 428 (2), 313 S.E.2d 129 (1984) *555 (citation and punctuation omitted); see In the Interest ofD.S. , 212 Ga. App. 203 , 204, 441 S.E.2d 412 (1994), overruled in part on other grounds, In the Interest of J.P. , 267 Ga. 492 , 493, 480 S.E.2d 8 (1997).
discussed Cited "see" In Re Jf (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See In the Interest of J.P., 267 Ga. 492 , 480 S.E.2d 8 (1997); In the Interest of C.F., 266 Ga.App. 325, 326 , 596 S.E.2d 781 (2004). 2.
discussed Cited "see" In Re SJ (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
Svcs., 148 Ga.App. 815, 815 (1), 253 S.E.2d 235 (1979) (an order of a juvenile court judge finding certain minors to be deprived children and placing temporary legal custody of them in DFCS is a final order); compare In the Interest of I.S., 265 Ga.App. 759 , 595 S.E.2d 528 (2004), cert. granted, ___ Ga. ___, ___ S.E.2d ___ (2005) [11] OCGA § 5-6-34(d); see In the Interest of J.P., supra, 267 Ga. 492 , 480 S.E.2d 8 . [12] Compare cases holding that unappealed deprivation orders are binding in separate actions to terminate parental rights.
cited Cited "see" In the Interest of E. M.
Ga. Ct. App. · 2003 · signal: see · confidence high
See id.
discussed Cited "see" In Re Da (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See In the Interest of J.P., 267 Ga. 492 , 480 S.E.2d 8 .
discussed Cited "see" In the Interest of A. V. B. (2×)
Ga. · 1997 · signal: see · confidence high
See In re Suggs, 249 Ga. 365 ( 291 SE2d 233 ) (1982). 267 Ga. 492 ( 480 SE2d 8 ) (1997).
Retrieving the full opinion text from the archive…
In the Interest of J. P.
S96G1205.
Supreme Court of Georgia.
Jan 21, 1997.
480 S.E.2d 8
Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Stephanie M. Baldauff, Assistant Attorneys General, for appellant., Surrett & Coleman, Edward J. Coleman III, for appellee.
Thompson.
Cited by 97 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Georgia (1)
Thompson, Justice.

We granted certiorari to the Court of Appeals in In the Interest of J. P., 220 Ga. App. 895 (470 SE2d 706) (1996), to clarify whether an appeal from a final order in a deprivation proceeding must be brought pursuant to the discretionary appeal procedures of OCGA § 5-6-35. Because deprivation cases are neither child custody nor domestic relations cases within the purview of OCGA § 5-6-35 (a) (2), we hold that a right of direct appeal lies from such orders. We accordingly affirm the judgment of the Court of Appeals.

The juvenile court has exclusive original jurisdiction over juvenile matters and is the sole court in which to initiate an action concerning any child who is alleged to be deprived. OCGA § 15-11-5 (a) (1) (C). See also Watkins v. Watkins, 266 Ga. 269, 271 (1) (466 SE2d 860) (1996); Lewis v. Winzenreid, 263 Ga. 459, 461 (435 SE2d 602) (1993). The definition of a deprived child, as contained in OCGA § 15-11-2 (8), [1] “focuses upon the needs of the child regardless of parental fault. . . The petition is brought on behalf of the child and it is [the child’s] welfare and not who is responsible for the conditions which amount to deprivation that is the issue.” Brown v. Fulton County Family &c. Svcs., 136 Ga. App. 308, 310 (2) (220 SE2d 790) (1975). If the child is found to be deprived, the juvenile court is authorized under OCGA § 15-11-34 (a) to impose alternative orders of disposition “best suited to the protection and physical, mental and moral welfare of the child.” Although the determination of where the child will be placed is necessary to such disposition, the proceeding itself is to determine whether the child is deprived and is not an action brought to decide custody matters. In contrast, child custody orders requiring an application to appeal under OCGA § 5-6-35 (a) (2), “include those entered as part of a divorce case or pursuant to the Uniform Child Custody Jurisdiction Act of 1978 [OCGA § 19-9-40 et seq.] or the Georgia Child Custody Intrastate Jurisdiction Act of[*493] 1978 [OCGA § 19-9-20 et seq.].” Bryant v. Wigley, 246 Ga. 155, 156 (1) (269 SE2d 418) (1980). As for “domestic relations” cases, we have held: “Where the underlying subject matter, i.e., the issues sought to be appealed, clearly arises from or is ancillary to divorce proceedings, or is derived from a marital relationship and divorce, the appeal is within the ambit of [OCGA § 5-6-35 (a) (2)].” Russo v. Manning, 252 Ga. 155 (312 SE2d 319) (1984). See also C & S Nat. Bank v. Rayle, 246 Ga. 727 (273 SE2d 139) (1980) (the legislative intent in enacting OCGA § 5-6-35 (a) (2) was to give appellate courts the discretion not to entertain appeals from decisions involving divorce, alimony, child custody or contempt). We are of the opinion that the legislature did not intend to include deprivation proceedings within the scope of OCGA § 5-6-35 (a) (2). [2] Accord In the Interest of A. L. L., 211 Ga. App. 767 (440 SE2d 517) (1994).

Decided January 21, 1997 Reconsideration denied February 14, 1997. Michael J. Bowers, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Stephanie M. Baldauff, Assistant Attorneys General, for appellant. Surrett & Coleman, Edward J. Coleman III, for appellee.

Because decisions of the Court of Appeals have been in conflict on this issue, we expressly overrule any case to the extent that it holds or implies that an application for discretionary appeal is required in appeals from deprivation orders. See, e.g., In the Interest of D. S., 212 Ga. App. 203 (441 SE2d 412) (1994); In the Interest of M. D. S., 211 Ga. App. 706 (440 SE2d 95) (1994); In the Interest of N. A. B., 196 Ga. App. 819 (397 SE2d 301) (1990); In the Interest of M. A. V., 206 Ga. App. 299 (425 SE2d 377) (1992).

Judgment affirmed.

All the Justices concur.
1

OCGA § 15-11-2 (8) provides:

“Deprived child” means a child who: (A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; (B) Has been placed for care or adoption in violation of law; (C) Has been abandoned by his parents or other legal custodian; or (D) Is without a parent, guardian or custodian.
2

Similarly, it has been held that appeals from the termination of parental rights do not fall within the purview of OCGA § 5-6-35 (a) (2). In the Interest of R. L. Y., 180 Ga. App. 559 (349 SE2d 800) (1986).