In the Interest of C. M., 325 Ga. App. 869

Mother appealing termination of parental rights and challenge to placement with family friend; DFCS involvement since 2004; children removed in 2009 due to housing, income, and domestic violence issues; guardian initially believed to be paternal grandmother; mother completed case plan but lacks capacity to parent due to intellectual limitations and behavioral concerns; visits with mother were chaotic and terminated; children have significant behavioral and developmental diagnoses requiring structured care.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports deprivation and likely continuation	Mother argues no clear and convincing deprivation	Court found deprivation due to mother's inability to parent	Yes, deprivation established and likely to continue
Whether termination is in the children’s best interests	Termination not necessarily in best interests given mother’s love	Evidence of progress in foster care supports termination	Yes, termination in best interests based on evidence of harm and lack of progress
Placement with guardian vs. foster placement	Best interests require returning to guardian	Guardian unsuitable due to chaos and inability to manage behavior	Court did not abuse discretion; guardian not in best interests

In the Interest of D. T. A., 312 Ga. App. 26 (Ga. App. 2011) (clear and convincing standard for deprivation; deference to trial court)
In the Interest of H. F. G., 281 Ga. App. 22 (Ga. App. 2006) (parental incapacity and deprivation where child welfare paramount)
In the Interest of R. J. D. B., 305 Ga. App. 888 (Ga. App. 2010) (best interests may be supported by related evidence)
In the Interest of K. N., 272 Ga. App. 45 (Ga. App. 2005) (support for best interests considerations in termination)
In the Interest of C. B., 300 Ga. App. 278 (Ga. App. 2009) (placement decision guided by child’s best interests)