Following an evidentiary hearing, the juvenile court determined that C. B., a minor child, is deprived. The father of the child appeals, contending that the juvenile court erred at the evidentiary hearing by admitting hearsay evidence and by taking judicial notice of prior proceеdings and orders concerning the same child without, the father says, giving him sufficient notice of its intent to do so. The father also claims that insufficient evidence was adduced at the hearing to sustain the finding of deprivation. The record on appeal, however, does not revеal any reversible error, and for this reason, we affirm.
1. We turn first to the contention that the juvenile court erred at the hearing by admitting hearsay evidence. The father made several objections at the hearing, including some on hearsay grounds, and many of these objectiоns were sustained by the juvenile court. Although a few objections were overruled, the father does not specify the overruling of any particular objection as error. Instead, the father complains on appeal that the juvenile court allowed a casеworker employed with the Cherokee County Department of Family and Children Services (DFACS) to testify about facts of which her knowledge was based exclusively, the father claims, upon her review of records contained in a DFACS case file. But the father made no timely objection to this testimony below, and because he did not, he failed to preserve any error in admitting the testimony for our review. See In the Interest of A. K.,
The father says that, even if he failed to preserve the admission of hearsay evidence for review on appeal by a timely objection below, hearsay has no probative value, and we, therefore, cannot consider it when we assess whether the evidence is sufficient to sustain a finding of deprivation. That may be true enough, see In the Interest ofj. C.,
2. We turn next to the contentiоn that the juvenile court improperly took judicial notice of prior proceedings and orders concerning C. B. The father says that the juvenile court could not properly take judicial notice of these prior proceedings and orders because it did not afford him notice of its intent to do so and an opportunity to object. But the written order from which this appeal was taken clearly makes reference to the prior proceedings and orders, and this order reflects that the father consented to its form sevеral days before the judge signed it.
3. We turn finаlly to the contention that the evidence adduced at the evidentiary hearing is insufficient to sustain the finding of deprivation. Proof of deprivation must be clear and convincing, and on appeal, we ask whether any reasonable trier of fact could have found suсh proof of deprivation, viewing the evidence in the light most favorable to the findings of the juvenile court below. See In the Interest of R. M.,
Viewed in the light most favorable to the disposition below, the evidence is sufficient to sustain the determination that the mother presented a danger to C. B. as of the date of the deprivation hearing. In its order, the juvenile court noted that the evidence in prior proceedings established — and the father had stipulated in these prior proceedings — that the mother had chronic substance abuse
We think the evidence also is sufficient to sustain the finding that the father was permitting the mother to have contact with C. B., despite the danger that she presented to the child. In December 2009, the juvenile court had awarded the father custody of C. B., subjеct to the condition that the father keep C. B. from his mother. The father understood this condition and acknowledged it. Notwithstanding the order that C. B. be kept from his mother, a manager of the mobile home park in which the father lives testified at the hearing that, soon after the mother was released from jail in January 2010, he saw C. B. in the care of the mother at the father’s mobile home. Another manager of the same park testified that, on the date of the hearing, the mother was present at the park and that she had seen the mother with the children at thе home of the father on several occasions. Finally, the father testified at the hearing, in which he denied that he had spoken with the mother since C. B. was born, denied that the mother had been at his home in the presence of C. B., and denied that the mother had been at his home at all since C. B. was born, except on one occasion after C. B. was removed from his home. Given the conflicts in the testimony, the juvenile court was entitled to conclude, as it did, that the father was dishonest in his
We have said before that “a parent’s failure to protect a child from harm is sufficient to authorize a finding that the child is deprived on account of a lack of proper parental care or control.” In the Interest ofL. A. T,
Judgment affirmed.
Notes
As with most generalizations, there is an exceptiоn. The caseworker was asked to identify a printout from the website of the State Board of Pardons and Paroles, and she testified that it was a printout “stating that” the mother of C. B. maintains her residence at a particular address. To the extent that this testimony was offered merеly to identify the
The father contends that the caseworker could not possibly have knowledge of things that happened before she became employed with DFACS. Even if that were true, the record does not reflect when the caseworker bеcame employed with DFACS, so it would not help the father here. And the father contends that the caseworker could not possibly have knowledge of things that happened in other counties, but for all we know, the caseworker visited the other counties and saw first-hand the things about which she testified. We will not engage in speculation about what the caseworker saw with her own eyes and what she did not.
The order appears to have been signed by another on behalf of, and by the authority of, the father’s lawyer, indicating the consent of the father to the form of the order. A party is presumed to know the contents of a writing that he signs or that he authorizes another to sign on his behalf. See Northwest Plaza, LLC (MI) v. Northeast Enterprises,
As a general matter, juvenile courts in deprivation proceedings properly may take judicial notice of such prior proceedings and orders, see In the Interest of J. A.,
The father did not include transcripts of the earlier proceedings or copies of the orders entered in those earlier proceedings in the record on appeal. Because he did not, we must presume that the evidence in those earlier proceedings, and the findings in the earlier orders, show precisely what the juvenile court said they show. See Code v. State,
The father made this admission at the time of a probable cause hearing, which occurred on March 5, 2010, according to the order of the juvenile court. The hearing on the deprivation Petition occurred on April 22, 2010.
