In the Interest of J. V. J., 329 Ga. App. 421

Mother of infant J.V.J. had prior termination of parental rights to three other children and a long history of crack cocaine use; infant was removed at birth and the Department sought termination of the mother's rights.
At the termination hearing nine months later the mother admitted a 10‑year history of crack use but presented evidence she stopped using in Oct. 2012 and thereafter had 32 negative drug tests and completed an outpatient substance‑abuse program and after‑care.
The mother independently completed a 15‑week parenting course, earned a high‑school diploma, enrolled in college (medical‑assistant track), received student financial aid, maintained regular supervised visitation, and kept a clean home with a nursery.
The mother cohabited with a boyfriend who had two positive cocaine tests (one low‑level), later completed treatment, and contributed financially; mother and boyfriend signed an acknowledgment of paternity though he was not the biological father.
The Department did not prepare a reunification plan or otherwise assist the mother; nevertheless the Department recommended termination, and the juvenile court terminated the mother’s rights citing past instability, drug history, and the boyfriend’s substance use.
The Court of Appeals reversed, holding the juvenile court lacked clear and convincing evidence that the cause of deprivation was likely to continue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether clear and convincing evidence showed the cause of the child's deprivation was likely to continue	Mother: recent sustained sobriety, program completion, education, stable home, and bonding show present fitness and remedy of past causes	State/Dept: mother’s long history of drug use, prior terminations, and cohabitation with a drug‑dependent partner make continued deprivation likely	Reversed — court lacked clear and convincing evidence that the cause of deprivation was likely to continue
Whether past unfitness alone can support termination	Mother: past unfitness is insufficient without present unfitness	State: relied on past terminations and history as indicative of risk	Held: past misconduct alone insufficient; present unfitness must be shown
Whether poverty/unemployment justified termination	Mother: unemployment due to pursuing education; financial aid available; poverty alone insufficient	State: financial instability relevant to child's needs	Held: poverty/unemployment alone cannot support termination
Whether cohabitation with boyfriend supported termination	Mother: boyfriend had limited recent positive tests, completed treatment, financially supportive; no evidence he endangered the child	State: boyfriend’s substance‑abuse history posed risk to the child	Held: cohabitation insufficient basis absent clear evidence it would harm child

In the Interest of T.W., 297 Ga. App. 886 (discussing appellate review in termination cases)
In the Interest of A.T., 316 Ga. App. 782 (past conduct alone insufficient to terminate)
In the Interest of D.W., 294 Ga. App. 89 (termination statutory framework and required findings)
In the Interest of C.J.V., 323 Ga. App. 283 (clear‑and‑convincing present unfitness required; poverty insufficient)
In the Interest of T.Z.L., 325 Ga. App. 84 (remedy of last resort; cause likely to continue standard)
In the Interest of K.J., 226 Ga. App. 303 (need for explicit findings of probable harm to child)
In the Interest of C.S., 319 Ga. App. 138 (crediting recent rehabilitative efforts where Department assistance lacking)
In the Interest of R.C.M., 284 Ga. App. 791 (weight to give recent improvements is for factfinder but clear evidence still required)