In the Interest of W. W.
308 Ga. App. 407
| Ga. Ct. App. | 2011Background
- DFACS became involved July 1, 2009 after a domestic violence incident and moved to protect W. W.
- Mother was arrested for reckless driving August 24, 2009, leaving W. W. without a guardian.
- Shelter care order granted DFACS temporary custody on August 26, 2009; deprivation petition filed September 1, 2009.
- Petition alleged father’s unavailability, history of domestic violence, and W. W.’s self-harm and emotional distress.
- Trial court found deprivation based on mother's failure to protect and father's domestic violence and mental health concerns for the child.
- Appellate court affirmed, finding clear and convincing evidence of deprivation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to prove deprivation | Father argues evidence is insufficient to prove deprivation. | DFACS contends the evidence shows lack of proper parental care and control for W. W. | Yes; evidence supported deprivation by clear and convincing standard. |
Key Cases Cited
- In the Interest of A. P., 299 Ga. App. 886 (Ga. App. 2009) (standard for reviewing deprivation: favorable view of juvenile court findings)
- In the Interest of T. L., 269 Ga. App. 842 (Ga. App. 2004) (juvenile court credibility and deference on deprivation rulings)
- In the Interest of L. G., 273 Ga. App. 468 (Ga. App. 2005) (court not required to reunite to obtain deprivation evidence)
- In the Interest of J. L., 269 Ga. App. 226 (Ga. App. 2004) (deprivation issue governed by child’s welfare with deference to trial court)
- In the Interest of A. B., 267 Ga. App. 466 (Ga. App. 2004) (deprivation established by parental unfitness or incapability)