In THE INTEREST OF S. O. C., a Child, 332 Ga. App. 738

Child S.O.C. born Dec. 26, 2011, premature, underweight, with marijuana metabolites; mother and child HIV-positive. DFCS obtained shelter care and filed deprivation petitions.
Juvenile court initially found deprivation due to mother’s marijuana use but returned custody subject to conditions (no illegal drug use, attend to medical needs, live with boyfriend).
From 2012–2013 mother repeatedly missed or tested positive on drug screens, failed to complete substance-abuse treatment, and was discharged from Family Treatment Court for noncompliance and dishonesty; child was placed with DFCS in May–June 2013.
Foster parents have cared diligently for the child’s HIV regimen since Nov. 2013 and wish to adopt; the child is thriving in foster care. Mother continued to attend the child’s medical appointments and submitted a clinic social worker affidavit supporting her medical care of the child.
Juvenile court terminated mother’s parental rights in March 2014, finding deprivation caused by continued drug use likely to continue and potentially endangering the child’s health; mother appealed.

Issue	Plaintiff's Argument (Mother)	Defendant's Argument (DFCS)	Held
Whether child was deprived and deprivation caused by lack of parental care	Mother argued she properly cared for the child (meds, appointments) despite past drug use	DFCS argued chronic marijuana use and missed treatment/support showed deprivation caused by mother’s drug use	Court: Found sufficient evidence of deprivation and causation (mother’s drug use)
Whether cause of deprivation was likely to continue	Mother argued recent compliance and illness explain failures; asserted present fitness	DFCS relied on repeated positives/missed screens, treatment noncompliance, incarcerations	Court: Found evidence supported likelihood deprivation would continue
Whether continued deprivation would cause serious physical, mental, or emotional harm	Mother argued no evidence of harm; child’s medical needs were being met and she remained engaged	DFCS argued child would be endangered by mother’s substance history and permanence concerns favored adoption	Court: Found insufficient clear and convincing evidence that continued deprivation would cause serious harm; termination reversed
Whether termination was in child's best interest given bond with foster parents	Mother argued preservation of parental rights and ability to care; foster bond not dispositive	DFCS highlighted foster parents’ excellent care and adoption plan	Court: Best-interest finding irrelevant because statutory harm element not proved; reversal ordered

Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parental rights termination implicates fundamental liberty interest; high standard required)
In the Interest of J. V. J., 329 Ga. App. 421 (Ga. Ct. App. 2014) (termination is remedy of last resort; present unfitness required)
In the Interest of J. S. B., 277 Ga. App. 660 (Ga. Ct. App. 2006) (no termination where no specific evidence of current harm from continued deprivation)
In the Interest of A. T., 271 Ga. App. 470 (Ga. Ct. App. 2005) (distinguishing removal from termination; remaining relationship not necessarily detrimental)
In the Interest of C. J. V., 323 Ga. App. 283 (Ga. Ct. App. 2013) (past unfitness alone insufficient; present unfitness required)