131 Ga. App. 542 | Ga. Ct. App. | 1974
This is an appeal from an order of the Juvenile Court of Bibb County, Georgia, awarding permanent custody of the minor children to their father, the appellee, with visitation rights to appellant.
Following a second divorce from appellee in December, 1970, appellant obtained custody of her three minor children. She then married one Raymond A. Beavers in September 1972, after having cohabited with him for some time. In November 1972, a Mrs. Whitten, appellant’s aunt, went to an elementary school to check on a beating allegedly administered by Beavers to appellant’s eldest child, a nine-year-old boy. An examination of the boy’s buttocks revealed multiple bruises. The school principal also reported that the boy came to school in a dirty and disheveled condition, tattered clothes and without shoes or a coat in cold weather. He appeared thin and was quite aggressive in school. At the suggestion of the school principal, Mrs. Whitten reported this to the Department of Family and Children Services. An employee of that department picked the boy up at school and took him to Mrs. Whitten’s house. A few days later, after consultations with appellant and her husband, the other children, a boy of six and a girl of four, were also taken to Mrs. Whitten for temporary custody. That evening Beavers allegedly went to another aunt’s house, where appellant was
On September 12,1973, the Juvenile Court issued its order, supra. On October 12,1973, appellant filed a notice of appeal and on November 26, 1973, appellant filed an enumeration of errors and brief in support. On or about
1. Appellant’s initial enumeration of error alleges that the trial court erred in ruling the children were "deprived” as that term is defined in Ga. L. 1971, pp. 709, 713 (Code Ann. § 24A-401) and in removing the children from appellant’s custody as the evidence was insufficient to support the judgment. We disagree. The evidence amply supports the trial court.
2. Appellant complains that the trial court erred in allowing collaboration between a state agency and appellee in the preparation and trial of the case in that appellee was privy to confidential records and information obtained at the taxpayer’s expense, while appellant was denied access to said records and information. While Juvenile Court records are not open to inspection by the public, the statute specifically provides an exception in that, "A child and the parents or legal custodians of the child and their attorneys shall always have the right to inspect and copy any official record pertaining to the child.” Ga. L. 1968, pp. 1013, 1033 (Code Ann. § 24-2432 (3)). The transcript below does not support appellant’s current allegations and, therefore, the enumerated error cannot be considered by us. We find no error.
3. Appellant’s third enumeration alleges error in the inclusion in the record for the purpose of appeal of certain reports which were not in evidence during the trial of the case, the contents of which are unknown to the appellant. Without any consideration of these reports, the evidence is sufficient to support the judgment of the court. The inclusion of these reports in the record, though erroneous, is harmless.
4. Appellee’s motion to dismiss raised, inter alia, the fatal failure of the appellant to comply with Rule 14 (a) of this court, citing Washington v. Thompson, 120 Ga. App. 653 (171 SE2d 774) (1969), and Gresham v. State,
Judgment affirmed.