315 Ga. App. 673
Ga. Ct. App.2012Background
- Juvenile court found M. M. and M. M. deprived and awarded temporary custody to father in 2011 disposition.
- Mother left the children with father in July 2010 and did not visit or pay support for five months before the deprivation petition.
- Father filed deprivation petition in November 2010; paternity testing supported the father's belief the twins were his children.
- Mother had unstable housing, limited employment, and allegedly used a twin's disability benefits for her own bills.
- Guardian ad litem expressed concerns about the mother's arrests, failure to appear in court, and unstable living situation.
- Adjudication found present deprivation and the disposition order contemplated mother’s post-incarceration involvement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the deprivation action was properly within juvenile court jurisdiction | Mother argues action is disguised custody by noncustodial parent. | State contends petition shows deprivation under OCGA § 15-11-2 (8) (A) and jurisdiction is proper. | Jurisdiction affirmed; petition supported by deprivation allegations. |
| Whether the evidence supports present deprivation by clear and convincing standard | Mother asserts evidence relates only to past deprivation, not present. | State argues present deprivation shown by mother’s ongoing instability and recent conduct. | Affirmed; evidence supports present deprivation under OCGA § 15-11-2 (8) (A). |
Key Cases Cited
- In the Interest of K. L. H., 281 Ga. App. 394, 636 SE2d 117 (Ga. App. 2006) (deprivation proper if petition alleges present deprivation)
- In the Interest of W. W., 308 Ga. App. 407, 707 SE2d 611 (Ga. App. 2011) (standard for deprivation findings; supports review of evidence)
- In the Interest of M. L. C., 249 Ga. App. 435, 548 SE2d 137 (Ga. App. 2001) (deprivation finding authorized where parent’s conduct shows neglect)
- In the Interest of D. Q., 307 Ga. App. 121, 704 SE2d 444 (Ga. App. 2010) (deprivation upheld where parent’s failure to meet needs)
- In the Interest of K. R. S., 253 Ga. App. 678, 560 SE2d 292 (Ga. App. 2002) (valid deprivation allegations required; not a custody dispute)
- In the Interest of K. L. H., 269 Ga. App. 567, 604 SE2d 623 (Ga. App. 2004) (consider past conduct and stability when assessing deprivation)