In the Interest of A. T.
316 Ga. App. 782
| Ga. Ct. App. | 2012Background
- In May 2008, DFCS took custody of B. T., T. T., and A. T. after a fire and discovery of drugs and a shotgun in the home; the mother was charged and the father charged with drug and weapon offenses.
- The father stipulated deprivation based on his incarceration and his substance abuse, and the court placed the children in foster care.
- A reunification plan required random drug tests, drug treatment, income proof, stable housing, a psychological evaluation, and parenting classes; the father completed several items but not individual counseling.
- The father moved between multiple residences, had unstable housing and employment, and accrued child support arrears; his visitation with the children was sometimes suspended.
- The children remained in the same foster home for years; the foster parents desired permanent adoption for two of the children, while B. T. resisted adoption.
- The guardian ad litem recommended termination for the younger two; the juvenile court terminated parental rights for all three, finding ongoing risk and lack of permanence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deprivation is likely to continue | Father argues lack of continued deprivation evidence. | DFCS contends past conduct supports future deprivation. | Yes; evidence supported continued deprivation. |
| Whether continued deprivation would likely cause serious harm | Father claims no proven likelihood of serious harm absent termination. | DFCS asserts continued deprivation would cause serious harm given lack of permanence. | Yes; clear and convincing evidence shows likely serious harm from ongoing deprivation. |
Key Cases Cited
- In the Interest of T. B., 249 Ga. App. 283 (Ga. App. 2001) (permanence is essential for child well-being)
- In the Interest of J. C., 237 Ga. App. 533 (Ga. App. 1999) (stability and permanence required for termination analysis)
- In the Interest of A. C., 280 Ga. App. 212 (Ga. App. 2006) (considerations of permanence and care)
- In the Interest of Z. P., 314 Ga. App. 347 (Ga. App. 2012) (emphasizes permanency and stability for children)
- In the Interest of R. J. D. B., 305 Ga. App. 888 (Ga. App. 2010) (parental rights termination standards in Georgia)
- In the Interest of S. N. H., 300 Ga. App. 321 (Ga. App. 2009) (appellate deference to juvenile court credibility findings)
- In the Interest of C. M., 282 Ga. App. 502 (Ga. App. 2006) (necessity of permanence and stability for children)
- In the Interest of D. L. T., 283 Ga. App. 223 (Ga. App. 2007) (analysis of ongoing deprivation and harm)
- In the Interest of B. I. F., 264 Ga. App. 777 (Ga. App. 2003) (permanence and emotional stability as safeguards against harm)