In the Interest of S. B., 312 Ga. App. 180

Four children (S. B., T. B., Ke. B., Ka. B.) were removed after the father’s sexual abuse of S. B. was revealed and the mother was aware but failed to protect.
The DeKalb County DFCS filed deprivation petitions based on the father’s sexual abuse of S. B. and T. B. and the mother’s failure to protect.
A deprivation hearing was held; S. B. testified to sexual abuse by the father; the father admitted to sexual abuse but later recanted; both parents asserted the Fifth Amendment in response to questions.
Evidence included police testimony, DFCS investigations, and forensic interviews, with testimony from psychologists; the medical report did not conclusively rule out abuse.
The juvenile court found all four children deprived, and the trial court’s order stated its deprivation basis on the father’s abuse and the mother’s failure to stop it; the father appeals, and the court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proves deprivation by clear and convincing standard	Dillard disputes sufficiency; argues lack of convincing medical findings	S.B. and T.B. testimony and mother’s admissions support deprivation	Yes, deprivation supported by clear and convincing evidence
Whether denial of motion to dismiss was error given evidence sufficiency	Father asserts insufficient DFCS case evidence to proceed	Because evidence supports deprivation, denial was proper	No error; denial affirmed
Whether deprivation order lacked mandatory findings of fact	Order allegedly deficient under OCGA § 15-11-54(a)	Order clearly based on identified abuse and failure to protect	Order not deficient; findings present

In the Interest of T. W., 297 Ga. App. 886 ((2009)) (recognizes deprivation evidence from testimony and prior conduct)
In the Interest of M. K., 288 Ga. App. 71 ((2007)) (parental conduct as factor in deprivation)
In the Interest of A. A., 293 Ga. App. 471 ((2008)) (parental Fifth Amendment invocation and inference of harmful truth)