In Re Je, 309 Ga. App. 51

J.E. is a child who was deprived at birth due to the mother's cocaine use during pregnancy and positive birth tests; the Department filed a deprivation petition and awarded custody to the Department.
Over years, the mother failed to obtain stable employment or housing, repeatedly entered and left drug treatment, and had multiple positive drug screens.
The juvenile court adopted a case plan requiring sobriety, housing, employment, parenting classes, drug screening, and regular visits, but the mother failed to meet key goals and paid no child support.
From 2008 to 2009 the mother faced employment instability, homelessness, relapse into cocaine use, and a relapse in April 2009 with cocaine detected in drug tests.
Despite some periods of sobriety and ongoing visitation with J.E., the court repeatedly found that progress toward reunification was insufficient to warrant return of custody to the mother.
In June 2009 the Department petitioned for termination of parental rights; a psychologist, guardian ad litem, and addiction counselor all supported termination based on risk of relapse, failure to provide for the child, and need for permanence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether deprivation likely to continue is proven	Mother's ongoing drug use and failure to meet case-plan goals show continued deprivation.	Mother argues present improvements and bond with child negate likelihood of continued deprivation.	Yes; deprivation likely to continue.
Whether continued deprivation will cause serious harm	Past relapse, lack of housing and support, and risk of relapse would cause serious harm if maintained.	Positive present bond and foster stability mitigate risk of serious harm from continued deprivation.	Yes; continued deprivation likely to cause serious harm.
Best interests of the child	Child needs permanence and a secure home, which termination would provide via adoption by foster parent.	Preserving the parent-child bond and continued visitation favors reunification over termination.	Termination in child's best interests.

In the Interest of R.N., 224 Ga.App. 202 (1997) (deferral to trial court findings; standard for reviewing termination evidence)
In the Interest of A.G., 287 Ga.App. 732 (2007) (clear and convincing evidence; harm standard in deprivation context)
In the Interest of K.A.S., 279 Ga.App. 643 (2006) (deprivation and likelihood of continued harm; housing and income as factors)
In the Interest of J.K., 278 Ga.App. 564 (2006) (present relationship and future harm inquiry; disapproved in part by later decision)
Santosky v. Kramer, 455 U.S. 745 (1982) (due process and heightened burden; fundamental right to familial relations)