In the Interest of C. J. v. Et Al., Children
333 Ga. App. 844
| Ga. Ct. App. | 2015Background
- Mother sought discretionary review of a trial court order terminating her parental rights to C. J. V. (age 8) and F. N. R. (age 6).
- This is the second appellate review following a prior reversal in In the Interest of C. J. V. holding poverty alone did not justify removal.
- After reversal, the Department filed deprivation petitions alleging lack of income, drug issues, and inadequate housing; false positive drug test initially dismissed.
- A September 2013 petition led to a finding of deprivation and placement with the Department; a case plan was ordered requiring housing, income, support, and services.
- Final termination hearing in May 2014 featured testimony on the mother’s instability, housing changes, lack of income, and a low IQ diagnosis, with a psychologist describing significant developmental limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports termination of parental rights | Mother argues insufficient evidence | Department argues clear and convincing evidence supports termination | Supported; termination upheld on sufficiency of evidence |
| Whether the court properly treated dependency under OCGA 15-11-2 after 2013 reforms | Record showed deprivation under old definitions | Evidence supported dependency and termination under revised standards | No reversal; record supported dependency-equivalents and termination under updated definitions |
Key Cases Cited
- In the Interest of C. J. V., 323 Ga. App. 283 (746 SE2d 783) (2013) (Ga. App. 2013) (reversal on poverty-based termination prior to current petition; later dependence on case plan status)
- Killian v. State, 315 Ga. App. 731 (728 SE2d 258) (2012) (Ga. App. 2012) (authority cited regarding discretionary review and standards)
- Mosley v. Georgia Peace Officer &c., 217 Ga. App. 798 (458 SE2d 503) (1995) (Ga. App. 1995) (relevance to appellate standards and procedural posture)