In the Interest of T. S.
310 Ga. App. 100
Ga. Ct. App.2011Background
- DFCS filed deprivation petitions for T. S. and J. F. after repeated substantiated abuse by the mother, who admitted to striking and whipping T. S. in 2009.
- T. S. and J. F. were placed in the custody of their paternal grandmothers as part of safety plans following incidents.
- A 2010 deprivation hearing included testimony from DFCS investigator, a evaluating psychologist, and J. F.’s father, who sought custody and legitimation.
- The psychologist urged psychiatric evaluation and potential medication for the mother; she had not pursued recommended treatment.
- The juvenile court found T. S. deprived with long-term custody to her paternal grandmother and found J. F. not deprived but awarded custody to his father; the court did not specify which reunification presumptions applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was clear and convincing evidence that T. S. was deprived | Mother | DFCS | Deprivation supported |
| Whether reunification was in T. S.'s best interests and the order should be upheld | Mother | DFCS | Remand; vacate nonreunification finding |
| Whether custody of J. F. to his father was proper when J. F. was not deprived | Mother | DFCS | Reversed custody transfer; authority lacking |
Key Cases Cited
- In the Interest of T. W., 297 Ga. App. 886 (2009) (reunification considerations and standards in deprivation cases)
- In the Interest of M. K., 288 Ga. App. 71 (2007) (evidence of parental abuse supports deprivation finding)
- In the Interest of T. R., 284 Ga. App. 742 (2007) (deprivation findings based on abusive conduct)
- In the Interest of J. J., 287 Ga. App. 746 (2007) (custody cannot be placed with foster agency absent qualification evidence)
- Long v. Long, 303 Ga. App. 215 (2010) (authority to transfer custody in deprivation; concurrent custody considerations)