In Re Ab, 311 Ga. App. 629

Mother consented to termination of parental rights as to A.B.; juvenile court terminated rights accordingly.
Baldwin DFACS had custody since birth; A.B. and later S.B. remained in foster care with the mother.
A.B. diagnosed with expressive language disorder; later evaluated as ADHD with questionable autism; barriers to care noted.
Mother voluntarily surrendered rights to A.B. in open court; consent stated voluntary and knowing in sworn form.
Petition to terminate rights filed for both children; court order based on consent for A.B. and evidence on parenting deficiencies.
Mother moved for new trial alleging lack of voluntariness/duress and ineffective assistance; trial court denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the consent to termination voluntary and knowing?	Mother alleges consent was not voluntary/knowing due to misperception of A.B.'s needs.	Court found consent voluntary/knowing; no fraud/duress established.	Consent voluntary and knowing; termination upheld.
Does OCGA § 5-6-35(a)(12) discretionary appeal violate due process?	Discretionary appeal procedure violates state/federal due process.	Discretionary review is constitutionally permissible; not a due process violation.	Discretionary appeal does not violate due process.

In the Interest of N.A.U.E., 287 Ga. 797 (2010) (Supreme Court upheld non-right discretionary review in termination cases)
In the Interest of T.C.D., 281 Ga.App. 517 (2006) (no grace period to withdraw consent in terminations; voluntariness required)
In the Interest of K.W., 291 Ga.App. 623 (2008) (fraud/duress standards in surrender cases with comparative facts)
Seymour v. State, 262 Ga.App. 823 (2003) (binding Supreme Court precedent on appellate review limits)
In the Interest of A.C., 285 Ga. 829 (2009) (limited exception for constitutional challenges to appellate procedures)
City of Decatur v. DeKalb County, 284 Ga. 434 (2008) (constitutional challenges require established precedents)