In Re At, 309 Ga. App. 822

DFCS received temporary custody of A.T., J.T., and L.T. after J.T. suffered a brain injury deemed highly suspicious for non-accidental trauma in February 2007.
The juvenile court adjudicated the children deprived and approved a reunification plan requiring the mother to complete parenting classes and therapy.
By November 2009, the mother showed progress and custody was returned to her under conditions with DFCS supervision and aftercare services.
In January 2010, DFCS sought to return temporary custody to DFCS, extend the deprivation order for 12 more months, and discontinue reunification due to new abuse allegations against the mother.
At the evidentiary hearing, a social worker and a DFCS case manager testified about statements reportedly made by A.T. alleging physical abuse by the mother, which the State sought to rely on.
The juvenile court found deprivation and extended the deprivation order, basing its decision largely on the abuse allegations, which the appellate court later found to be inadmissible hearsay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether hearsay evidence supported deprivation and reunification termination	Mother argues there was insufficient admissible evidence of abuse to justify deprivation.	DFCS contends the statements were probative and supported the agency’s finding of deprivation and need to extend custody.	Hearsay improperly relied on; vacate and remand.
Whether A.T. was 'available to physically appear' to admit statements under Child Hearsay Statute	Mother argues the statements were admissible under OCGA 24-3-16 because A.T. was available to testify.	DFCS asserts the child was not available to physically appear at the deprivation hearing.	Statements not admissible; not available to appear; requires remand.
Whether new deprivation complaints were properly dismissed	Mother contends dismissal of new deprivation petitions was improper.	DFCS maintains the matters were subsumed under the extension proceeding.	No reversible harm shown; issue not material to reversal.

In the Interest of Q.A., 306 Ga.App. 386 (2010) (extension of deprivation order requires clear and convincing evidence)
In the Interest of J.B., 274 Ga.App. 564 (2005) (standard for termination or continuation of reunification services)
In the Interest of B.W., 268 Ga.App. 862 (2004) (child hearsay admissibility and availability to testify)
In the Interest of K.I.S., 294 Ga.App. 295 (2008) (hearsay and probative value in juvenile proceedings)
In the Interest of S.J., 270 Ga.App. 598 (2004) (remand when evidentiary basis is improper or incomplete)
In the Interest of T.B., 242 Ga.App. 564 (2000) (availability and hearsay considerations in juvenile context)