In Re Rb
309 Ga. App. 407
| Ga. Ct. App. | 2011Background
- Mother of 15-month-old R.B. appeals a deprivation finding and nonreunification plan approved by the Cobb County Juvenile Court.
- DFCS petitioned for deprivation after earlier termination of the mother's rights to four older children in 2008 due to abuse/neglect and poor parental fitness.
- R.B. was born December 24, 2009; DFCS obtained emergency custody December 28, 2009.
- At adjudication, a psychologist opined the mother has borderline intellectual functioning, poor communication, and inability to apply parenting skills; concerns about future care persist.
- Putative father testified to domestic violence by the mother; DNA later showed he was not R.B.’s biological father, he withdrew his petition to legitimate.
- The juvenile court found R.B. deprived and that reunification would be detrimental; the venue was Cobb County, where DFCS had custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deprivation | Mother argues evidence relied only on prior termination and not current deprivation. | DFCS contends current conditions and past conduct show ongoing deprivation. | Sufficient clear and convincing evidence supported deprivation. |
| Venue for deprivation proceedings | Mother contends Cobb County not proper venue. | DFCS argues statute permits venue where child resides or is present; R.B. remained with Cobb DFCS. | Venue properly Cobb County. |
Key Cases Cited
- In the Interest of R.M., 276 Ga.App. 707 (2005) (deprivation standards; weight given to past conduct and parental unfitness)
- In the Interest of A.R., 287 Ga.App. 334 (2007) (reaffirms consideration of past conduct and future likelihood of deprivation)
- In the Interest of T.V., 302 Ga.App. 124 (2010) (current deprivation may be shown when conditions still exist)
- In the Interest of C.H., 305 Ga.App. 549 (2010) (analysis of whether deprivation would persist if returned to parent)
- In the Interest of Z.H.T., 302 Ga.App. 424 (2010) (current deprivation may be shown by existing conditions)
- In the Interest of R.J.D.B., 305 Ga.App. 888 (2010) (credibility and weight given to parental promises are for the trial court)
- In the Interest of CP., 291 Ga.App. 699 (2008) (reunification services not required where timely detriment shown)