In the Interest of R. B., 322 Ga. App. 421

Mother’s newborn (R.B., born Dec 2011) was removed and a deprivation petition filed after Department alleged risk of sexual abuse by the mother’s live‑in putative father and past child welfare concerns involving the mother’s older child (A.B.).
A.B., age five, was in foster care since Aug 2011 following an allegation that the putative father sexually abused A.B.; the mother had previously reported that abuse.
Department cited the putative father’s presence in the home, the mother’s noncompliance with A.B.’s case plan, and unresolved investigations into the sexual abuse allegation as reasons for removal.
Evidence showed the mother had since moved to an apartment and was receiving disability income; a witness testified the mother had provided for R.B.’s needs between birth and removal.
Juvenile court found R.B. deprived (order dated Apr 19, 2012, nunc pro tunc Apr 4, 2012); mother appealed arguing insufficient evidence of current deprivation, mental incapacity, or present risk from the putative father.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported finding R.B. is currently deprived under OCGA § 15‑11‑2(8)(A)	Mother: No competent evidence of present deprivation; no proof of mental incapacity or failure to meet R.B.’s needs; risk from putative father unsubstantiated as to R.B.	Dept: Prior alleged sexual abuse of sibling, mother’s failure to comply with case plan and not removing putative father from home justified finding current deprivation	Court: Affirmed; clear and convincing evidence supported present deprivation based on father’s presence and mother’s noncompliance with A.B.’s case plan
Whether evidence of past deprivation of another child may be considered	Mother: Past issues cannot substitute for proof of present deprivation	Dept: Prior deprivation of sibling and unchanged detrimental conditions can justify present removal without waiting for harm	Court: Permitted consideration of past sibling deprivation when conditions have not meaningfully changed
Whether alleged mental health issues alone supported deprivation	Mother: No medically verifiable evidence that mental health made her unable to care for R.B.	Dept: Mental health concerns part of overall risk picture (but not sole basis)	Court: Found no competent proof mental health alone caused immediate harm but upheld deprivation on other grounds

In the Interest of D. W., 318 Ga. App. 725 (2012) (past deprivation of a sibling may inform current-deprivation analysis when conditions persist)
In the Interest of K. S., 271 Ga. App. 891 (2005) (reversing deprivation where historical abuse allegation was remote and mother otherwise fit)
In the Interest of R. B., 309 Ga. App. 407 (2011) (standard for appellate review of juvenile court deprivation findings)
In the Interest of A. R., 287 Ga. App. 334 (2007) (a parent’s inability to care for one child can be evidence about ability to care for others)