In the Interest of S. M.
321 Ga. App. 827
Ga. Ct. App.2013Background
- Mother appeals juvenile court deprivation order placing children in DFACS custody.
- Juvenile court found the children deprived based on alleged domestic violence and the mother’s credibility.
- Incident alleged for deprivation: mother’s live-in boyfriend allegedly pulled a gun on the mother; children saw/heard gunfire.
- DFACS filed deprivation petition on September 4, 2012, leading to probable-cause and adjudicatory hearings.
- Court reversed, finding no clear and convincing evidence that the children were deprived under OCGA § 15-11-2 (8) (A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is clear and convincing evidence of deprivation | State asserts the incident showed deprivation due to harm to children. | Mother contends no deprivation because evidence is insufficient to show harm or risk to children. | Deprivation not proven by clear and convincing evidence. |
Key Cases Cited
- In the Interest of D. W., 318 Ga. App. 725 (2012) (reverses deprivation when evidence insufficient for CC proving deprivation)
- In the Interest of J. H., 310 Ga. App. 401 (2011) (focus on needs of child, not parental fault; deprivation review for returned share)
- In the Interest of C. H., 305 Ga. App. 549 (2010) (unfitness must be shown to remove; consideration of return to home as of hearing date)
- In the Interest of C. L. Z., 283 Ga. App. 247 (2007) (isolated incident inadequate for deprivation without evidence of harm)
- In the Interest of H. S., 285 Ga. App. 839 (2007) (reversal where no evidence of negative impact on child)
- In the Interest of T. L., 269 Ga. App. 842 (2004) (reversal absent evidence showing negative impact from conditions)
- In the Interest of M. L. C., 249 Ga. App. 435 (2001) (reversal when no evidence of adverse impact on child)