O.C.G.A. § 15-11-311 (2019)

Annotations

JUDICIAL DECISIONS ANALYSIS GENERAL CONSIDERATION ACTIONS OF PARENTS MEDICAL AND PSYCHOLOGICAL FACTORS DEPRIVATION General Consideration Editor’s notes. - In light of the similarity of the statutory provisions, decisions under pre-2000 Code Sections 15-11-51 and 15-11-81, and pre-2014 Code Section 15-11-94, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. In light of the reenactment of this chapter, effective January 1, 2014, the reader is advised to consult the annotations following Code Section 15-11-310, which may also be applicable to this Code section. Actions of Parents Watching pornography with child and alcoholism of parent. - When the record was replete with references to a mother’s problems with chronic alcohol abuse, and to her problematic relationship with the father of three of her children, who abused both her and the children, and since there was ‘‘egregious conduct’’ toward the children in having them watch pornography with her, this evidence, some of which was of recent origin, coupled with her failure to comply with safety plans, was clear and convincing evidence of parental misconduct or inability. In re B.D., 236 Ga. App. 119, 511 S.E.2d 229 (1999) (decided under former O.C.G.A. § 15-11-81). Alcohol abuse by parent. - Trial court’s determination to terminate a father’s parental rights was supported by clear and convincing evidence pursuant to former O.C.G.A. § 15-11-94(b)(4)(C)(ii)-(iii) (see now O.C.G.A. § 15-11-311) since he had a history of alcohol and drug abuse, admitted that he needed financial help to support his children, had not offered any support during the period that

the children were in temporary custody as required by O.C.G.A. § 19-7-2, and failed to achieve any of the goals of the agency’s case plan for him. In the Interest of D.L., 268 Ga. App. 360, 601 S.E.2d 714 (2004) (decided under former O.C.G.A. § 15-11-94). Termination of a father’s parental rights was supported by evidence, inter alia, that the child was not properly cared for and developmentally delayed, that the father had been convicted several times for alcohol related driving offenses, and that the father was eventually incarcerated for, among other convictions, vehicular homicide; the father presented no evidence that he had taken steps to control his alcohol problem, or to otherwise provide the highly structured, consistent, nurturing environment which the child required, and there was no evidence that the father provided any support for the child. In the Interest of M.L.S., 273 Ga. App. 554, 615 S.E.2d 615 (2005) (decided under former O.C.G.A. § 15-11-94). Alcoholism as factor in terminating parental rights. - Termination of the father’s parental rights was in the best interest of the child in light of the father’s chronic alcoholism, refusal to rehabilitate, history of public brawling and overall unstable lifestyle. In re C.K.M., 207 Ga. App. 221, 427 S.E.2d 585 (1993) (decided under former O.C.G.A. § 15-11-94). Trial court properly terminated a mother’s parental rights when the mother abused drugs and alcohol, had been repeatedly incarcerated, failed to support or visit the child, did not feed the child well or attend to his safety and hygiene when he was with her, had twice absconded with the child over state lines, once while she was intoxicated, had failed to meet case plan goals, and her rights to five other children had been terminated. In the Interest of J.F., 283 Ga. App. 759, 642 S.E.2d 434 (2007) (decided under former

O.C.G.A. § 15-11-94). ‘‘Horrific’’ physical abuse of child. - Evidence that parents ‘‘horrifically’’ physically abused their child and emotionally neglected both children, that the children had been adjudicated as deprived and that such deprivation was likely to continue, and that termination of the parents’ rights was in the children’s best interests, supported a termination decision under former O.C.G.A. § 15-11-94(b)(4)(B)(iv)-(vi) (see now O.C.G.A. § 15-11-311); the parents had also failed to complete their reunification case plans successfully, had not appealed the determination that the children were deprived, and further, the children were placed in a foster care home that was suitable for adoption and indicated that the children had no desire to return to the parents. In the Interest of J.I., 269 Ga. App. 764, 605 S.E.2d 397 (2004) (decided under former O.C.G.A. § 15-11-94). Parent showering with children. - Juvenile court’s finding that the children were dependent due to sexual touching during showers with their father was supported by testimony of one child’s classmate and mother who testified that the child told the classmate about the showers, a detective who conducted a forensic interview and testified the children had been coached, and the children’s aunt who testified to the parents’ argument about the father showering with one of the children. In the Interest of H. B., 346 Ga. App. 163, 816 S.E.2d 313 (2018). Near accidental drowning of child in bathtub. - Termination of the father’s parental rights was upheld when the evidence showed that he left the children in the unsupervised care of the mentally unstable mother whose parental rights had been terminated, and that he had left the children unsupervised in the bathtub, causing near drowning of one child. In re D.C., 176 Ga. App. 30, 335 S.E.2d 148 (1985) (decided under former law). Termination for shaking of children. - Biological father’s parental rights to his twin children were properly terminated because clear and convincing evidence existed that the father caused various injuries to the children by shaking them on at least two occasions when they

were only two months old, and the father pled guilty to two counts of cruelty to children. In the Interest of C.A., 278 Ga. App. 93, 628 S.E.2d 151 (2006) (decided under former O.C.G.A. § 15-11-94). Parent purchasing items instead of supporting child. - When a father admitted that he did not pay child support for his children while they were in foster care, stating that, instead, he purchased items the children needed, the trial court’s findings that he did not provide for the children’s care and support as required by law, under former O.C.G.A. § 15-11-94(b)(4)(C)(ii) (see now O.C.G.A. § 15-11-311), were supported by clear and convincing evidence. In the Interest of C.M., 275 Ga. App. 719, 621 S.E.2d 815 (2005) (decided under former O.C.G.A. § 15-11-94). Failure to communicate with child. - During the year before the filing of a termination petition, a mother did not visit, send cards or letters, or make any telephone calls to the child, constituting clear and convincing evidence under former O.C.G.A. § 15-11-94(b)(4)(C)(i) (see now O.C.G.A. § 15-11-311), that the mother significantly failed without justifiable cause to develop and maintain a parental bond with the child in a meaningful, supportive manner. In the Interest of A.R.A.S., 278 Ga. App. 608, 629 S.E.2d 822 (2006) (decided under former O.C.G.A. § 15-11-94). Parental deprivation not shown by citizenship, license status, or verifiability of income. - Trial court erred in terminating a parent’s rights and allowing the maternal aunt to adopt a two-year-old child because the parent had completed the parent’s reunification plan and there was no deprivation or any factors in O.C.G.A. § 19-8-10(a) or (b); the trial court relied on improper factors such as the parent’s non-citizen status, the parent’s lack of a driver’s license, and the verifiability of the parent’s income. Alizota v. Stanfield, 329 Ga. App. 550, 765 S.E.2d 707 (2014). Medical and Psychological Factors Medical care for children. - Father’s failure to obtain training in the use of an apnea monitor and cardiopulmonary

Medical and Psychological Factors (Cont’d) resuscitation skills for his child’s medical care supported termination of the father’s parental rights as did the father’s assertion that he would cure the child’s asthma by having the child drink from a coconut and then burying the coconut. In the Interest of S.E.L., 251 Ga. App. 728, 555 S.E.2d 115 (2001) (decided under former O.C.G.A. § 15-11-94). Child born with fetal alcohol syndrome. - Trial court properly terminated a father’s parental rights to his daughter pursuant to former O.C.G.A. § 15-11-94(b) (see now O.C.G.A. §§ 15-11-310 and 15-11-311); the child was deprived, as the father had made no attempts to help care for the child, who was born with fetal alcohol syndrome, and the adoption of the child by the mother’s relatives pursuant to O.C.G.A § 19-8-10 was in the best interest of the child. Rokowski v. Gilbert, 275 Ga. App. 305, 620 S.E.2d 509 (2005) (decided under former O.C.G.A. § 15-11-94). Child with fetal alcohol syndrome and child with ringworm. - Mother was bound by prior court orders that her children were deprived as a result of the children being without proper parental care and supervision under former O.C.G.A. § 15-11-94(b)(4)(C)(i) to (iii) (see now O.C.G.A. § 15-11-311). Additionally, (1) the mother failed to fully comply with an alcohol treatment program; (2) the mother’s alcohol abuse had caused fetal alcohol syndrome in one child, and another had severe incurable ringworm; (3) the mother did not visit or financially support the children; and (4) the mother had mental-health deficiencies that rendered her incapable of providing adequately for the children. In the Interest of M.L., 259 Ga. App. 534, 578 S.E.2d 190 (2003) (decided under former O.C.G.A. § 15-11-94). Children with multiple broken bones. - Clear and convincing evidence supported a trial court’s termination of a father’s parental rights since the father pled guilty to cruelty to children by breaking his son’s arm, the son showed evidence of unrelated multiple rib fractures, and

the father had earlier lost parental rights to the daughter due to numerous bone fractures suffered in the parents’ care. In the Interest of B.W., 254 Ga. App. 63, 561 S.E.2d 199 (2002) (decided under former O.C.G.A. § 15-11-94). Parental drug abuse. - Termination of the mother’s parental rights was upheld when the juvenile court properly considered the mother’s admitted history of substance abuse and its effect on her ability to be a parent, and the record demonstrated that the mother made little or no effort to develop a parental relationship with the child, to provide the child with financial support, or to comply with her case plan goals. In the Interest of S.L.B., 265 Ga. App. 684, 595 S.E.2d 370 (2004) (decided under former O.C.G.A. § 15-11-94). Termination of the mother’s parental rights was supported by evidence that her rights to all six of her prior children had been terminated because, in essence, she did not care about having them at the time, and by the mother’s acknowledgement of her long history of crack addiction, her failure to complete a drug rehabilitation program either before or after the child’s birth, her failure to attend classes on addiction during her incarceration after the child’s birth, and her use of cocaine while she was pregnant with the child. In the Interest of B.S., 265 Ga. App. 795, 595 S.E.2d 607 (2004) (decided under former O.C.G.A. § 15-11-94). There was sufficient evidence, including drug abuse and the failure to seek treatment, to support a finding of parental misconduct or inability as contemplated by former O.C.G.A. § 15-11-94 (see now O.C.G.A. §§ 15-11-310, 15-11-311, and 15-11-320), for the termination of a mother’s parental rights. In the Interest of H.D.T., 273 Ga. App. 863, 616 S.E.2d 196 (2005) (decided under former O.C.G.A. § 15-11-94). Trial court properly terminated a mother’s parental rights to her children pursuant to former O.C.G.A. § 15-11-94 (see now O.C.G.A. §§ 15-11-310, 15-11-311, and 15-11-320) as the mother had deprived the children by failing to care for them, the deprivation was likely to continue in light of the mother’s drug abuse

and depression, and the termination was in the best interest of the children as the children were thriving in the care of their grandmother. In the Interest of P.L.S.D., 275 Ga. App. 49, 619 S.E.2d 755 (2005) (decided under former O.C.G.A. § 15-11-94). There was sufficient evidence that continued deprivation caused by the mother was likely to cause serious physical, mental, emotional, or moral harm to the children, pursuant to former O.C.G.A. § 15-11-94(b)(4)(A) (see now O.C.G.A. § 15-11-310, because the mother had a demonstrated history of irresponsible and neglectful conduct toward her children and an established pattern of joblessness and instability as well as drug abuse; her ongoing drug abuse and multiple drug addictions, and her failure to complete the essential elements of her case plan would negatively impact the children’s well-being. In the Interest of L.W., 276 Ga. App. 197, 622 S.E.2d 860 (2005) (decided under former O.C.G.A. § 15-11-94). Sufficient evidence supported an order terminating a mother’s parental rights as the mother had used drugs since age 13, had threatened the child, had only attended three or four recommended Narcotics Anonymous meetings that year, been diagnosed with amphetamine mood disorder and dependence, and tested positive for drug use on the date of the termination hearing. In the Interest of K.A.P., 277 Ga. App. 794, 627 S.E.2d 857 (2006) (decided under former O.C.G.A. § 15-11-94). Termination of a father’s parental rights was supported by evidence of the adverse impact on the child of the mother’s continuous drug abuse, the father’s neglect of the father’s other children, and by the two years the father waited before filing a petition to legitimate the child; the termination of a mother’s parental rights was supported by evidence of the mother’s egregious drug abuse, the repeated removal of the children from the mother’s care, and the mother’s failure to comply with her case plan goals. In the Interest of T.L., 279 Ga. App. 7, 630 S.E.2d 154 (2006) (decided under former O.C.G.A. § 15-11-94). Since neither parent appealed depriva-

tion orders, they were bound by their findings for purposes of a later termination hearing; the termination order was supported by sufficient evidence including, the failure of the parents to stop abusing drugs, to achieve stable housing, to support the children, and to maintain contact with the children. In the Interest of C. P., 279 Ga. App. 25, 630 S.E.2d 165 (2006) (decided under former O.C.G.A. § 15-11-94). Clear and convincing evidence supported a juvenile court’s termination of a mother’s parental rights over two children pursuant to former O.C.G.A. § 15-11-94(b)(4)(B) and (C) (see now O.C.G.A. § 15-11-311) as the mother had a chronic history of drug use, the mother did not have a parental bond with the children and did not support the children, there was no satisfactory completion of the conditions of the mother’s reunification plan, the mother was incapable of providing adequate care to the children, and custody in the paternal grandparents was in the children’s best interests; the juvenile’s court reliance on any non-compliance with a reunification plan that had not been in effect for one year or was not court-ordered was error, but it was harmless when there were other substantial factors to support the termination decision. In the Interest of D.J., 279 Ga. App. 355, 631 S.E.2d 427 (2006) (decided under former O.C.G.A. § 15-11-94). Trial court’s decision to terminate a mother’s parental rights pursuant to former O.C.G.A. § 15-11-94(b)(4)(A) (see now O.C.G.A. § 15-11-310) was supported by sufficient evidence; a rational trier of fact could have concluded that the mother’s chronic drug abuse had rendered the mother incapable of providing for the needs of the children; this lack of proper parental care or control was the cause of the children’s deprivation; the cause of the deprivation was likely to continue as evidenced by the mother’s inability to maintain a stable home or employment; and the continued deprivation was likely to cause serious harm to the children. In the Interest of C.G., 279 Ga. App. 730, 632 S.E.2d 472 (2006) (decided under former O.C.G.A. § 15-11-94). In the parental rights termination case,

Medical and Psychological Factors (Cont’d) clear and convincing evidence demonstrated parental misconduct under former O.C.G.A. § 15-11-94 (see now O.C.G.A. §§ 15-11-310 and 15-11-311); the child was deprived, the mother caused the deprivation by using methamphetamine during the mother’s pregnancy, and the mother’s continued drug use demonstrated a likely continuation of the deprivation that was likely to seriously harm the child. In the Interest of L.L., 280 Ga. App. 804, 635 S.E.2d 216 (2006) (decided under former O.C.G.A. § 15-11-94). Mother’s repeated drug use, resistance to inpatient, long-term mental health and drug treatment, and failure to maintain stable housing or employment, in addition to the bond the child developed with the foster family, established that termination of the mother’s parental rights was in the child’s best interest under former O.C.G.A. § 15-11-94(a) (see now O.C.G.A. § 15-11-310). In the Interest of H.E.M.O., 281 Ga. App. 281, 636 S.E.2d 47 (2006) (decided under former O.C.G.A. § 15-11-94). Order terminating a parent’s parental rights was upheld on appeal as clear and convincing evidence was presented that such was warranted given the parent’s serious drug addiction, failure to maintain a steady job and appropriate home, and sporadic visitation and lack of bond with the children; as a result, termination was in the childrens’ best interest. In the Interest of T.J., 281 Ga. App. 673, 637 S.E.2d 75 (2006) (decided under former O.C.G.A. § 15-11-94). In a termination of parental rights case, the cause of the child’s deprivation was likely to continue under former O.C.G.A. § 15-11-94(b)(4)(A)(iii) (see now O.C.G.A. § 15-11-310) as the mother had been unable to stop the mother’s use of controlled substances or to consistently take medication as prescribed. In the Interest of D.A.B., 281 Ga. App. 702, 637 S.E.2d 102 (2006) (decided under former O.C.G.A. § 15-11-94). Termination of a mother’s parental rights was affirmed as the child’s deprivation was likely to continue since the

mother had relapsed from an earlier drug program, the mother had tested positive for drugs shortly before the hearing, all of the mother’s drug screens had been positive, and the mother had not completed the mother’s most recent drug program; further, the mother did not meet the goals of the mother’s reunification plan and failed to visit the child. In the Interest of M.N.R., 282 Ga. App. 46, 637 S.E.2d 777 (2006) (decided under former O.C.G.A. § 15-11-94). Order terminating a parent’s parental rights was upheld on appeal, given evidence of: (1) a previous deprivation finding, which the parent did not appeal; (2) the parent’s continued addiction to crack cocaine; (3) the parent’s failure to pay child support and have sufficient contact with the two children; and (4) the parent’s continued unfitness, which supported the court’s finding that the deprivation was likely to continue. In the Interest of K.W., 283 Ga. App. 398, 641 S.E.2d 598 (2007) (decided under former O.C.G.A. § 15-11-94). Clear and convincing evidence supported termination of a mother’s parental rights. The conditions of her children’s deprivation were likely to continue as the mother had a history dating back to 1991 which required an agency’s intervention, and the mother admitted that she was a drug addict. The father’s history of chronic, unrehabilitated drug abuse and incarcerations also supported termination of his parental rights. In the Interest of S.S.G.A., 285 Ga. App. 276, 645 S.E.2d 724 (2007) (decided under former O.C.G.A. § 15-11-94). Juvenile court properly terminated a parent’s parental rights, concluding that any deprivation the affected children suffered was likely to continue, as clear and convincing evidence was presented that the parent had a substantial drug problem, which went untreated, and rendered the parent unfit to care for the children. In the Interest of M.A., 287 Ga. App. 719, 652 S.E.2d 613 (2007) (decided under former O.C.G.A. § 15-11-94). Trial court did not err by finding, pursuant to former O.C.G.A. §§ 15-11-2 and 15-11-94 (see now O.C.G.A. §§ 15-11-107, 15-11-310, 15-11-311, 15-11-381, and

15-11-471), that the child was deprived at the time of the termination hearing and that the mother was the cause of the deprivation as the evidence showed that the mother had a 12-year history of drug addiction, that she repeatedly used methamphetamine while pregnant with the child, that the mother’s two other children were not in her custody, that she had multiple felony drug convictions, that she was in jail after the child’s birth, that she failed to financially support the child until four weeks before the termination hearing, that she had lived in five separate residences since giving birth to the child, and that she made no attempt whatsoever to visit the child until one month prior to the termination hearing. In the Interest of Z. P., 314 Ga. App. 347, 724 S.E.2d 48 (2012) (decided under former O.C.G.A. § 15-11-94). Termination of the mother’s parental rights was supported by clear and convincing evidence because, inter alia, the mother was likely to subject the children to generalized neglect; the mother exhibited major depressive disorder and generalized anxiety disorder which likely would damage the children; the mother failed to complete individual counseling sessions, failed to complete drug treatment, failed to have consistent housing, and failed to provide clean drug screens during the plan; and the mother continued a dependent relationship with the father, who was alleged to have sexually abused the older child. In the Interest of A. M. B., 324 Ga. App. 394, 750 S.E.2d 709 (2013) (decided under former O.C.G.A. § 15-11-94). In a termination of parental rights case, there was evidence to support the juvenile court’s finding that the children’s dependency was likely to continue and would not likely be remedied because the parent was unable to remain drug free; the parent failed and refused drug screenings; and the parent failed to complete substance abuse counseling following the parent’s positive drug screen. In the Interest of A. S., 339 Ga. App. 875, 794 S.E.2d 672 (2016). Impact of foster care. - Termination of the mother’s parental rights was improper because, although the record supported a finding that the child would suf-

fer serious harm if the child were returned to the mother, the record did not support a finding that remaining in foster care would likely cause serious harm to the child as a bonding and attachment expert and the case worker testified about the strong and positive relationship the child had with the foster parents; the expert did not opine that the instability and impermanency of foster care were currently causing any specific harm to the child; and there was no other evidence presented that the child suffered any emotional stress or sadness from the instability and impermanency associated with foster care. In the Interest of R. S. T., 345 Ga. App. 300, 812 S.E.2d 614 (2018). Parental dependency on prescription drugs. - Trial court’s findings were sufficient to support a termination of a mother’s parental rights when the mother did not financially support the children, even when funds were available to the mother to do so, the mother failed to develop a bond with the children, the mother was dependent on prescription medication to the extent that the mother was physically unable to care for the children, the mother was unwilling to undergo mental health treatment, which experts believed was vital to stabilize the mother and enable the mother to parent the children, and repeatedly and continually failed to obey court orders or cooperate in the case plan. In the Interest of J.K., 278 Ga. App. 564, 629 S.E.2d 529 (2006), overruled on other grounds, In the Interest of J.E., 309 Ga. App. 51, 711 S.E.2d 5 (Ga. Ct. App. 2011) (decided under former O.C.G.A. § 15-11-94). Mother’s repeated inability to overcome drug addiction, with its consequent incarceration and loss of employment supported a finding that termination of parental rights was in the best interests of the child. In re D.T., 221 Ga. App. 328, 471 S.E.2d 281 (1996) (decided under former O.C.G.A. § 15-11-94). Termination of a mother’s parental rights was supported by clear and convincing evidence because the mother failed to comply with a reunification plan by failing to successfully complete a drug treatment program, failing to provide stable housing, and failing to obtain stable

Medical and Psychological Factors (Cont’d) employment. Additionally, the mother failed to show a strong familial bond with the children or that the termination of her parental rights was not in the best interests of the children. In the Interest of S.S., 259 Ga. App. 126, 576 S.E.2d 99 (2003) (decided under former O.C.G.A. § 15-11-94). Parent taking medication and receiving counseling. - In a case terminating the mother’s parental rights, the child was currently dependent at the time of the hearing because the mother failed to maintain visitation with the child from May 2015 to March 2016, with only sporadic visitation prior to May 2015; the mother failed to provide child support, refused to provide proof of income, and was currently living in a two-bedroom home with four other individuals, none of whom had been screened by the Department of Family and Children Services or ever met the child; and the mother suffered from serious mental health issues, which the mother denied, even though the mother was taking some medication and receiving some counseling. In the Interest of R. S. T., 345 Ga. App. 300, 812 S.E.2d 614 (2018). Evidence of parent’s psychological problems sufficient. - Termination of a mother’s parental rights was warranted because she suffered from a dependent disability disorder and because her brother, a convicted child molester, lived in her home. In re D.I.W., 215 Ga. App. 644, 451 S.E.2d 804 (1994) (decided under former O.C.G.A. § 15-11-81). Evidence supported the court’s findings concerning the likelihood of the mother’s mental condition continuing and of her failure to comply with reunification plan goals so that termination of parental rights was in the child’s best interest. In the Interest of C.K., 242 Ga. App. 269, 529 S.E.2d 395 (2000) (decided under former O.C.G.A. § 15-11-94). Clear and convincing evidence supported the termination of the mother’s parental rights to the mother’s children as the mother’s lack of parental care and control was the cause of the children’s

deprivation. The mother suffered from a psychological disorder that affected her ability to provide adequate care for the children, tested positive for marijuana, was convicted of theft by conversion, was incarcerated on a probation violation, and had failed to develop and maintain a parental bond with the children in a meaningful and supportive manner; such factors all bore upon the trial court’s determination as to whether the children were without proper parental care and control under former O.C.G.A. § 15-11-94(b)(4) (see now O.C.G.A. § 15-11-311). In re R.A.R., 259 Ga. App. 680, 577 S.E.2d 872 (2003) (decided under former O.C.G.A. § 15-11-94). Juvenile court did not err in considering the mother’s testimony in determining whether her child was deprived, even though the juvenile court had previously found her mentally incompetent, as the juvenile court was authorized to consider any testimony, including that of the allegedly impaired parent, in determining the central issue of whether the parent was able to adequately provide for the child’s needs; also, consideration of the mother’s testimony supported the findings of the psychologist who testified that the mother’s multiple mental disorders interfered with her ability to adequately care for her child. In the Interest of B.B., 268 Ga. App. 603, 602 S.E.2d 330 (2004) (decided under former O.C.G.A. § 15-11-94). Evidence supported the finding that a child was deprived within the meaning of former O.C.G.A. § 15-11-2(8) (see now O.C.G.A. § 15-11-107), and that termination of the mother’s parental rights was in the child’s best interest, pursuant to former O.C.G.A. § 15-11-94(a) (see now O.C.G.A. §§ 15-11-310 and 15-11-320), because the mother, who was homeless and suffering from schizophrenia, failed to maintain contact with the agency or visit with the child for more than one year, and she never accomplished court ordered goals for reunification or demonstrated the ability to adequately care for the child. In the Interest of S.G., 271 Ga. App. 776, 611 S.E.2d 86 (2005) (decided under former O.C.G.A. § 15-11-94). Lack of proper parental care or control as cause of deprivation factor for termi-

nating a mother’s parental rights was satisfied because the mother attended only 38 of 79 scheduled visits and failed to develop any kind of basic relationship with the child; failed to comply with her case plan because she moved, lost her job, failed to complete therapy, and failed to obtain medical treatment; failed to contribute to the child’s support; and she had a low IQ, limited cognitive abilities, and a dependent personality disorder, all of which impaired her ability to parent the child. In the Interest of K.N., 272 Ga. App. 45, 611 S.E.2d 713 (2005) (decided under former O.C.G.A. § 15-11-94). Because a trial court expressly found, pursuant to former O.C.G.A. § 15-11-94(a) (see now O.C.G.A. §§ 15-11-310 and 15-11-320), that a mother’s five children were deprived, that the cause was a lack of proper parental care and control, that the cause of deprivation was not likely to be remedied, and that the continued deprivation would cause serious physical, mental, emotional, or moral harm to the children, a decision to terminate the mother’s parental rights was supported by the clear and convincing evidence in that she was found incapable of parenting and she had mental health issues which she was not taking care of; there was no requirement that specific findings had to be separately made as to each child, and the trial court made adequate findings to support the determination which were applicable to all of the children, and to the mother’s treatment of them. In the Interest of A.A., 274 Ga. App. 791, 618 S.E.2d 723 (2005) (decided under former O.C.G.A. § 15-11-94). Evidence of a mother’s obsessive-compulsive disorder and depression, evidence that these disorders interfered with the mother’s ability to provide for the children, along with the mother’s sporadic attendance at therapy, and failure to consistently take prescribed medication sufficiently supported the termination of the mother’s parental rights. In the Interest of S.W.J.P.D., 279 Ga. App. 226, 630 S.E.2d 824 (2006) (decided under former O.C.G.A. § 15-11-94). Parent’s parental rights were properly terminated under former O.C.G.A. § 15-11-94 (see now O.C.G.A.

§§ 15-11-310 and 15-11-311) because the record showed that the parent was diagnosed with a mental condition that prevented the parent from caring adequately for the parent’s child, that the parent failed to attend the counseling sessions required in the parent’s case plan, and the parent did not take medication for the parent’s mental illness as prescribed. This evidence supported the trial court’s conclusion that: the child was deprived; the deprivation was attributable to a lack of proper parental care; the deprivation was likely to continue; and the deprivation was likely to seriously harm the child. In the Interest of T.A., 279 Ga. App. 377, 631 S.E.2d 399 (2006) (decided under former O.C.G.A. § 15-11-94). Based on the mother’s mental illness, the mother’s recurring use of illegal drugs, the mother’s failure to consistently take prescribed medication, and the debilitating effect of the mother’s failure to properly medicate, the juvenile court was entitled to conclude lack of parental care and control under former O.C.G.A. § 15-11-94 (see now O.C.G.A. § 15-11-311) in a termination of parental rights case. In the Interest of D.A.B., 281 Ga. App. 702, 637 S.E.2d 102 (2006) (decided under former O.C.G.A. § 15-11-94). Termination of a parent’s parental rights order was supported by clear and convincing evidence consisting of: (1) prior deprivation orders which were never appealed; (2) the parent’s medically verifiable mental illness which prevented the parent from adequately parenting the child; (3) the parent’s failure to comply with the case plan goals, failure to maintain employment and stable housing, and failure to develop adequate parental skills; and (4) the fact that the child had been in foster care and was thriving therein; moreover, the aforementioned amounted to clear and convincing evidence of parental misconduct or inability for the court to determine that termination was in the children’s best interests. In the Interest of E.G., 284 Ga. App. 524, 644 S.E.2d 339 (2007) (decided under former O.C.G.A. § 15-11-94). Parent’s parental rights to the parent’s child were properly terminated because the cause of the child’s dependency was

Medical and Psychological Factors (Cont’d) likely to continue and not likely to be remedied, satisfying O.C.G.A. § 15-11310(a)(5); the parent’s psychological issues, incarcerations, and refusal to follow the parent’s case plan had worsened, not improved. In the Interest of S. P., 336 Ga. App. 488, 784 S.E.2d 846 (2016). Parent with Munchausen Syndrome by Proxy. - Clear and convincing evidence was presented that the deprivation caused by the mother was likely to continue and that the termination of her parental rights was in the best interests of her two children since there was evidence: (1) that the mother suffered from Munchausen Syndrome by Proxy; (2) that the children had been admitted to hospital emergency rooms by the mother on numerous occasions, but that neither had any serious medical problems since being separated from the mother; and (3) that on one occasion while the older child was in the hospital, the mother injected a mixture of feces and urine into his intravenous tube. In re C.M., 236 Ga. App. 874, 513 S.E.2d 773 (1999) (decided under former O.C.G.A. § 15-11-81). Medical and psychological conditions of parent. - Trial court’s order terminating a mother’s parental rights was not error since there was evidence of physical and sexual abuse, testimony concerning the mother’s mental and emotional problems (including drinking and drug addiction), and the mother had a history of suicide attempts and had been diagnosed as having an antisocial personality. In re J.I.H., 191 Ga. App. 848, 383 S.E.2d 349 (1989) (decided under former O.C.G.A. § 15-11-81). There was sufficient evidence showing a likelihood of future deprivation of the parent’s children to authorize termination of parental rights as evidence showed the parent’s medical condition prevented the parent from adequately caring for the children; the parent had cerebral palsy and suffered from seizures, and a psychologist testified that the parent had moderate mental retardation and functioned at a second to third grade level. In the Interest of A.W., 264 Ga. App. 705, 592 S.E.2d

177 (2003) (decided under former O.C.G.A. § 15-11-94). Clear and convincing evidence supported the order terminating a parent’s rights to two minor children as the children’s deprivation was due primarily to the parent’s mental illness and failure to take prescribed medication to address that illness, and during more than 30 months the parent was given to work on a reunification case plan, the parent failed to comply with the requirements of the plan. In the Interest of O. B., 337 Ga. App. 401, 787 S.E.2d 344 (2016). Mother with untreated depression. - Juvenile court did not err in terminating a mother’s parental rights pursuant to former O.C.G.A. § 15-11-94 (see now O.C.G.A. §§ 15-11-310 and 15-11-311) because any rational trier of fact could have found by clear and convincing evidence that the mother suffered from a medically verifiable deficiency such as to render her unable to provide adequately for the needs of the children; a psychological evaluation showed that the mother was diagnosed with depression, and the clinician who counseled the mother for depression testified that the mother’s ability to function in society was compromised by her low IQ, her depression, and her failure to take her medication. In the Interest of A. R., 315 Ga. App. 357, 726 S.E.2d 800 (2012) (decided under former O.C.G.A. § 15-11-94). Parent with mental or emotional deficiencies. - Trial court’s detailed and comprehensive findings that: both parents experienced medically verifiable mental or emotional deficiencies chronically affecting the parents’ provisionary ability; both parents carried felony convictions and imprisonment; and both parents had failed to conduct significant visitational or reunificatory efforts warranted termination of their parental rights in the best interest of the child. In re M.M., 207 Ga. App. 722, 429 S.E.2d 132 (1993) (decided under former O.C.G.A. § 15-11-81). Although a psychologist who testified in a mother’s parental rights termination proceeding did not explicitly conclude that she could not parent her three minor children, the psychologist’s testimony that she was mentally retarded and illiterate, that she would have trouble with basic

activities of daily living, that she would have a difficult time being a sufficient parent, and that if she had custody of the children, the county agency had to stay actively involved in order to monitor the mother’s decision-making, together with other evidence of her parental misconduct and inability, supported the termination under former O.C.G.A. § 15-11-94(b)(4)(B)(i) (see now O.C.G.A. § 15-11-311). In the Interest of S.N.L., 275 Ga. App. 600, 621 S.E.2d 792 (2005) (decided under former O.C.G.A. § 15-11-94). Juvenile court did not err in terminating a parent’s parental rights, finding that the child’s deprivation was likely to continue or to harm the child, and in determining that termination was in the child’s best interest, based on clear and convincing evidence that: (1) the parent was unable to provide for the child’s basic needs; (2) the parent’s mental health issues would not be resolved in the immediate future, if ever; and (3) the parent failed to make any significant progress towards reunification since the child’s birth. Moreover, the same evidence also supported the court’s finding that the deprivation was likely to continue and the child would likely suffer serious harm from the continued deprivation such that termination was in the child’s best interest. In the Interest of D.L.T., 283 Ga. App. 223, 641 S.E.2d 236 (2007) (decided under former O.C.G.A. § 15-11-94). Parent with psychological impairment. - There was sufficient evidence that the cause of a child’s deprivation was likely to continue when the mother failed to consistently seek mental health treatment or to take her medication, could not care for her four older children, and had no bond with the child and did not regularly visit or support the child; although the mother showed progress in securing housing, taking her medication, and seeing a therapist, she did so only after the termination petition was filed, and at the time of the hearing she was still living with a relative and spending time at a motel, and she admitted that she took her medication only when she had the medication available. In the Interest of H.M., 287 Ga. App. 418, 651 S.E.2d 527 (2007) (decided under former O.C.G.A. § 15-11-94).

Termination order was upheld on appeal because the juvenile court was presented with clear and convincing proof sufficient to support the termination of parental rights: (1) the parent’s mental health problems were unlikely to be remedied, resulting in a lack of proper parental care or control and the likelihood that the parent would not be able to provide a stable home; and (2) the parent failed to protect the children from harm in the past. In the Interest of H.K., 288 Ga. App. 831, 655 S.E.2d 698 (2007) (decided under former O.C.G.A. § 15-11-94). Parent with mental illness. - In a case wherein a mother’s parental rights were terminated to the mother’s three-year-old daughter, sufficient evidence existed to support the judgment of termination because the evidence established that the mother was unable to provide adequately for the child due to mental illness, which was corroborated by evidence that the mother had four other children who were not in the mother’s care or support; further, the mother had a long history of drug and alcohol abuse of which the mother failed to obtain inpatient drug treatment, was unable to maintain stable housing, failed to parent any children successfully, and the foster parents planned to adopt the child. In the Interest of D.P., 287 Ga. App. 168, 651 S.E.2d 110 (2007) (decided under former O.C.G.A. § 15-11-94). Parent with longstanding mental problems. - Because a mother did not appeal a juvenile court’s finding of deprivation of her child, pursuant to former O.C.G.A. § 15-11-94(b)(4)(A)(i) (see now O.C.G.A. § 15-11-310), and the juvenile court also found that she suffered from serious and longstanding mental problems that prevented her from caring for the child, despite her expressed desire to do so, termination of her parental rights was supported by the evidence; there was evidence that the child was deprived, that deprivation was attributable to a lack of proper parental care, that the deprivation was likely to continue, and that it was likely to cause serious mental, emotional, and moral harm to him. In the Interest of D.L., 270 Ga. App. 847, 608 S.E.2d 311 (2004) (decided under former O.C.G.A. § 15-11-94).

Medical and Psychological Factors (Cont’d) Presence of grandmother in home was irrelevant to question of whether mentally retarded mother’s parental rights should be terminated. Wasson v. Cox, 176 Ga. App. 684, 337 S.E.2d 445 (1985) (decided under former law). Lack of mental ability authorizes termination. - Laws authorizing the termination of parental rights may sever children who are ‘‘deprived,’’ within the meaning of the law, from parents whose only deficiency is lack of mental ability to give necessary care to the children. Jones v. Department of Human Resources, 155 Ga. App. 371, 271 S.E.2d 27 (1980) (decided under former law). Mental disability that renders a parent incapable of caring for the child is a valid legal basis for termination of parental rights. In re B.J.H., 194 Ga. App. 282, 390 S.E.2d 427 (1990) (decided under former O.C.G.A. § 15-11-81). Parents with limited mental capacity. - Juvenile court’s termination of a mother’s parental rights over three minor children, pursuant to former O.C.G.A. § 15-11-94(a) (see now O.C.G.A. §§ 15-11-310 and 15-11-311), was supported by clear and convincing evidence, as they had been declared deprived due to her parental neglect, she had failed to meet the goals of her reunification plan, which included providing stable housing, financial security, and completing various therapies, and her mental limitations would have made it difficult for her to parent. In the Interest of S.N.L., 275 Ga. App. 600, 621 S.E.2d 792 (2005) (decided under former O.C.G.A. § 15-11-94). Testimony that a mother was unable to provide a stable home for a child given the mother’s limited mental capacity and history of being easily led and exploited by others, that the child was doing well in foster care, and that the foster parents wanted to adopt the child, was clear and convincing evidence supporting the termination of the mother’s parental rights under O.C.G.A. § 15-11-94(b)(4). In the Interest of B.R., 277 Ga. App. 833, 627 S.E.2d 879 (2006) (decided under former O.C.G.A. § 15-11-94).

Mother’s argument in the termination of parental rights case, that there was no specific harm to the child under O.C.G.A. § 15-11-94(b)(4)(A)(iv), failed; it was found that the mother was mentally incapable of caring for the child, and there was evidence that the child was specifically harmed in that the child had been in foster care for three years, had serious anger problems, and was developmentally delayed. In the Interest of H.F.G., 281 Ga. App. 22, 635 S.E.2d 338 (2006) (decided under former O.C.G.A. § 15-11-94). Although the mother’s friends were allegedly willing to assist the mother in raising the child, sufficient evidence in the termination of parental rights case established that the cause of the deprivation was likely to continue under former O.C.G.A. § 15-11-94(b)(4)(A)(iii) (see now O.C.G.A. § 15-11-310); the mother lacked the mental capacity to care for the child without constant assistance. In the Interest of H.F.G., 281 Ga. App. 22, 635 S.E.2d 338 (2006) (decided under former O.C.G.A. § 15-11-94). Mental retardation of parent. - Sufficient evidence supported the trial court’s order terminating the parental rights of a mother who suffered from some degree of mental retardation, including evidence that the child, who was an asthmatic, was not receiving the medication and care the child required from the mother; the mother failed to learn proper parenting skills despite the resources offered to her; the mother never secured a stable home or stable employment; the mother’s shortcomings and failures provided clear and convincing evidence that the child’s deprivation would likely continue; and the child had developed a strong bond with the foster parents and was developing nicely. In the Interest of C.R.G., 272 Ga. App. 161, 611 S.E.2d 784 (2005) (decided under former O.C.G.A. § 15-11-94). Insufficient evidence supported the termination of a parent’s rights because the record showed that while the parent had mental retardation, the parent functioned well despite the mental disability and had the skills necessary to provide for and raise a family, including two children, in Arkansas; thus, there was a lack of evi-

dence that the deprivation was to continue. In the Interest of O. B., 337 Ga. App. 401, 787 S.E.2d 344 (2016). Mislabeling of mother’s mental health problem. - Even if the trial court mislabeled a mother’s diagnosis as schizophrenia rather than schizoaffective disorder, such error likely did not affect the court’s decision to terminate her parental rights as the evidence showed that the mother had significant mental health problems characterized by delusions and hallucinations and did not consistently follow treatment. In the Interest of H.M., 287 Ga. App. 418, 651 S.E.2d 527 (2007) (decided under former O.C.G.A. § 15-11-94). Medical condition of parent justified termination. - Father did not contest the trial court’s findings that his asthma, emphysema, and bronchitis rendered him unable to provide adequately for the needs of his children, under former O.C.G.A. § 15-11-94(b)(4)(B)(i) (see now O.C.G.A. § 15-11-311), and the record supported this basis for termination of his parental rights by clear and convincing evidence. In the Interest of C.M., 275 Ga. App. 719, 621 S.E.2d 815 (2005) (decided under former O.C.G.A. § 15-11-94). Parent’s disability justified termination. - Juvenile court did not err in terminating a father’s parental rights, given clear and convincing evidence of the father’s disability and incapacity suffered therefrom, failure to maintain a stable home, and lack of proper parental care or control caused the child’s continued deprivation such that termination was in the child’s best interests; moreover, even though there was some argument that if given an additional, unspecified period of time the father might be capable of parenting the child, the juvenile court was authorized to find from the evidence that continued deprivation was likely to cause serious physical, mental, emotional, or moral harm to that child. In the Interest of D.R., 281 Ga. App. 762, 637 S.E.2d 154 (2006) (decided under former O.C.G.A. § 15-11-94). Medical and psychological conditions of parent. - Factor, ‘‘cause of the deprivation was likely to continue’’ was satisfied because the mother failed to com-

ply with her case plan by failing to obtain counseling for her own medical and physical needs; the mother was in denial about her own physical health; and a psychologist testified that the mother had limited cognitive abilities and a dependent personality disorder that was difficult to treat. In the Interest of K.N., 272 Ga. App. 45, 611 S.E.2d 713 (2005) (decided under former O.C.G.A. § 15-11-94). Mother’s medical condition. - Rational trier of fact could find by clear and convincing evidence that a mother’s parental rights should be terminated, under former O.C.G.A. § 15-11-94(b)(4)(A) (see now O.C.G.A. § 15-11-310), because the mother failed to comply with three case plans by missing appointments and being dishonest, did not seek treatment for the mother’s Huntington’s disease, despite obvious symptoms, and had four car accidents in three months due to the mother’s disease. In the Interest of M.T.H., 279 Ga. App. 662, 632 S.E.2d 441 (2006) (decided under former O.C.G.A. § 15-11-94). Mother’s emotional instability and educational deprivation of children. - Evidence of the mother’s emotional instability and the educational deprivation of the children authorized the juvenile court under former O.C.G.A. § 15-11-94(a) (see now O.C.G.A. §§ 15-11-310 and 15-11-311) to find that the lack of proper parental care was the cause of the deprivation, and that the termination of the mother’s parental rights was in the children’s best interests. In the Interest of K.S., 258 Ga. App. 24, 572 S.E.2d 710 (2002) (decided under former O.C.G.A. § 15-11-94). Child needs permanence and stability which parent could not provide. - Trial court dismissed the appeal of a mother challenging the termination of parental rights because the judgment was supported by sufficient evidence showing that though the mother had not bonded with the child, the mother was unwilling to make the necessary changes to parent the child, which caused the child’s stay in foster care when the child needed permanence and stability. In the Interest of M. M. M. T., 327 Ga. App. 572, 760 S.E.2d 188 (2014) (decided under former O.C.G.A. § 15-11-94).

COURTS Deprivation

Parent’s lack of parental care or control caused deprivation. - Affirmance of the juvenile court’s order terminating a parent’s parental rights was ordered as the parent failed to comply with the case plan outlined, and the parent’s failure to obtain stable housing, continued financial instability, and prolonged unwillingness to address mental health issues showed that the parent’s lack of parental care or control caused the children’s deprivation; hence, the parent’s motion for a new trial was properly denied. In the Interest of J.M.N., 285 Ga. App. 203, 645 S.E.2d 685 (2007) (decided under former O.C.G.A. § 15-11-94). Court upheld an order terminating a parent’s parental rights which was supported by sufficient evidence that the children at issue lacked proper parental care and that the cause of the deprivation was likely to continue, based on that parent’s admitted drug use, failure to pay child support, failure to establish a bond with the children, and consent to a non-reunification plan, satisfying former O.C.G.A. § 15-11-94(b)(4)(A)(ii) and (iii) (see now O.C.G.A. § 15-11-310). In the Interest of H.C., 285 Ga. App. 631, 647 S.E.2d 333 (2007) (decided under former O.C.G.A. § 15-11-94). Deprivation continuing from parental drug abuse. - Juvenile court’s findings supported the conclusion that the children were dependent at the time of the termination of parental rights hearing due to a lack of proper parental care and control because the parent’s continuing substance abuse was evidenced by the parent’s prior positive drug screen and several refused screenings (which the Division of Family and Children Services treated as positive); and because the parent was unable to pay even a symbolic amount of child support or to provide stable housing. In the Interest of A. S., 339 Ga. App. 875, 794 S.E.2d 672 (2016). Lack of proper parental care by mother caused deprivation. - Children’s deprivation was caused by a lack of proper parental care by the mother since the mother: (1) did not pay child support; (2) failed to comply with the reunification goals: (3) did not resolve the criminal

charges against her; (4) did not maintain contact with her children; and (5) did not establish a stable home. In the Interest of J.J., 259 Ga. App. 159, 575 S.E.2d 921 (2003) (decided under former O.C.G.A. § 15-11-94). Parental deprivation not shown. - Juvenile court’s finding of deprivation was reversed because the record lacked clear and convincing evidence to support the court’s finding that the child was deprived as there was no evidence that the child was harmed during acts of domestic violence between the parents, both parties testified that they had no present intention to reunite, the father had passed several drug screens, and the father was in the process of completing a substance abuse program. In the Interest of G. R. B., 330 Ga. App. 693, 769 S.E.2d 119 (2015). Termination improper when deprivation unlikely to continue. - Trial court erred in terminating the mother’s parental rights to the oldest child as the clear and convincing evidence did not show that the mother was presently unfit and that the child’s deprivation was likely to continue and cause substantial harm because the mother had maintained stable housing with the youngest child and that child’s father; the mother had sources of income; and the mother met or substantially completed most of the other case plan goals by completing parenting classes, attending counseling sessions, attending the majority of the scheduled visitations with the child, interacting well with the child during visitation, and meeting with the caseworkers. In the Interest of T. M., 329 Ga. App. 719, 766 S.E.2d 101 (2014) (decided under former O.C.G.A. § 15-11-94). Insufficient evidence that continued deprivation likely to cause harm. - Termination of the mother’s parental rights was improper because, although the evidence supported the finding that the children’s dependency was likely to continue and would not likely be remedied, the state did not sufficiently establish that the children were likely to suffer harm under the status quo as there was no evidence that their continued relationship with their mother was harmful; and the juvenile court’s generalized findings

that the children would experience doubt, uncertainty and hesitancy in life, and that foster care would not provide the kind of stability they needed, and would put them at risk of delinquency, other anti-social

behavior, and ‘‘foster care drift’’ did not show how each child would be harmed by the status quo. In the Interest of A. S., 339 Ga. App. 875, 794 S.E.2d 672 (2016).

PART 6 DISPOSITION