In Re Ts
712 S.E.2d 121
| Ga. Ct. App. | 2011Background
- In April 2009 DFCS reported T.S. was slapped with a belt and had a facial scar; mother pled guilty to simple battery.
- T.S. was placed with paternal grandmother; J.F. (four years old) with his paternal grandmother; both later returned to mother.
- In October 2009 new school reports described additional scratch marks; DFCS again placed each child with respective paternal grandmothers under a safety plan.
- On April 22, 2010 DFCS filed deprivation petitions for both children; J.F.’s father sought legitimation and intervention in the case.
- At the deprivation hearing, a psychologist testified about the mother’s treatment needs; the mother admitted past abuse but resisted psychiatric recommendations.
- The juvenile court found T.S. deprived with no reunification plan; found J.F. not deprived but awarded custody to his father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether T.S. was deprived based on evidence | Mother argues no deprivation existed. | DFCS contends past abuse shows deprivation. | T.S. was deprived |
| Whether reunification was in T.S.'s best interests | Reunification should be pursued; nonreunification violated. | Court may deem reunification detrimental and foreclose. | Nonreunification order vacated; remand for proper findings |
| Authority to award custody of J.F. when he was not deprived | Custody transfer not authorized absent deprivation findings. | Juvenile court may transfer custody concurrent with deprivation proceeding. | Reversed custody award to father/paternal grandmother |
| Placement of T.S. with paternal grandmother on remand | Current placement should stand if qualified; needs proper evidence. | Placement with relative permissible if properly studied and qualified. | Vacated placement; remand for placement determinations consistent with opinion |
Key Cases Cited
- In the Interest of M.K., 288 Ga.App. 71, 653 S.E.2d 354 (2007) (evidence of physical abuse supports deprivation finding)
- In the Interest of T.W., 297 Ga.App. 886, 678 S.E.2d 546 (2009) (emphasizes focus on child's needs in deprivation determinations)
- In the Interest of M.H., 251 Ga.App. 528, 554 S.E.2d 616 (2001) (legal standard for deprivation reflects child welfare focus)
- In the Interest of A.M., 306 Ga.App. 358, 702 S.E.2d 686 (2010) (discusses standards for termination/reunification context)
- In the Interest of J.J., 287 Ga.App. 746, 652 S.E.2d 639 (2007) (placement decisions require evidence of agency qualification)
- In the Interest of A.W., 264 Ga.App. 705, 592 S.E.2d 177 (2003) (custody/placement with relatives requires proper evidentiary support)