Aрpellant is the undisputed natural father of S. K. L. A petition was filed on June 21, 1990, seeking to terminate the parental rights of both parents, and the lower court issued an order terminating those rights. Appellant has elected to appeal this order; the natural mothеr who did not attend the hearing on the petition has not appealed.
S. K. L. who was born on January 8, 1988, was a “fetal alcohol syndrome baby,” which resulted in his developmental delay. The record is replete with evidence of the mother’s alcoholism and emotional problems and of her repeated child neglect. On April 21, 1988, the juvenile court awarded the county Department of Family & Children’s Services (DFCS) temporary custody of the child finding that S. K. L. was deprived. Appellant was not present at this hearing, as he apparently was then incarcerated in Michigan, and his parental rights were not affected thereby. In January of 1989, appellant returned to Savannah area having had his Michigan parole transferred to Georgia for the asserted purpose of bеing near his son. He immediately expressed a desire to become involved in parenting his child. On June 26, 1989, a motion was filed in the juvenile court to modify the ¡prior court order to include appellant in the case plan. On July 14, 1989, following a hearing which both parents аttended with their respective attorneys, the juvenile court issued an order again declaring S. K. L. to be in a state of deprivation. This order was designed ulti-jmately to return S. K. L. to his parents’ physical possession, provided Ithey met the following conditions: each рarent to pay $10 per month las child support to the DFCS; to provide a stable home for S. K. L.; [rioi to violate any law or ordinance; provide DFCS with names and ¡addresses of all relatives who might be able to care for S. K. L.; and, jo engage in marital counseling should they reside together. Addition-lly, appellant was ordered to submit to a psychological evaluation to *732 be conducted on August 23, 1989.
Following this hearing the child’s parents separated. On August 20, 1989, appellant was arrested for robbery by sudden snatching and was incarcerated. Following his incarceration in Gеorgia, he will be returned to Michigan for charges stemming from his parole violation. These charges could require him to remain in prison until March 1993. During this same period, the child’s mother seemed to be making progress. In December 1989, a review hearing was held. Appellant, who was then incarcerated, was given an opportunity to attend this hearing but declined. Following the hearing, S. K. L. was placed with his mother for a period of monitoring. Shortly thereafter the mother’s condition deteriorated; she was arrested for disorderly сonduct, being intoxicated in a lounge to which she had gone with her child. In January 1990, S. K. L. was returned to foster care. Subsequently, during a regular visit, the mother fled with the child to Florida; S. K. L. was recovered and returned. Shortly thereafter the petition for termination of parentаl rights was filed.
A clinical social worker and psychotherapist, whose qualifications include a master’s degree in social work from the University of Georgia, testified regarding S. K. L.’s history and his need for a stable environment, and that if the child did not receive such stability, being а fragile child he might revert to previous “trance-like” behavior and inability to relate to other people or to make any kind of bond.
Appellant has consistently shown a desire to retain his parental rights over S. K. L. He testified inter alia that he had sent S. K. L. drawings from jail, continuously inquired as to the child’s welfare, and secured transfer of his Michigan probation to Georgia to be near the child. Appellant returned to Georgia in January 1989. He appar-IH ently was given immediate custody of S. K. L. every other weekend; however, custody was terminated after the appellant was arrested for|B disorderly conduct, as a result of fighting on. the highway with thelffl child’s mother when both had been drinking.
Appellant is in partial compliance with the provisions of the|ffl| court order of July 14, 1989, however, it is contested whether he paidJIH $10 monthly support payments as required by the order. Appellant’s^ subsequent commission of the crime of robbery by sudden snatchinJM was in contravention of the provisions of the order that he not violatajffl any law or ordinance. Apрellant did not complete psychological testJH ing, as he was incarcerated for this offense on the day he was to baH tested; appellant also testified he was “really against” the test becaus|ffl he did not have the time and was so busy. M
Appellаnt made an admission in open court that he had “takeijjffl . . . many psychological examinations” in prison, and “all [his] psyffl chological reports were hedonistic impulses with time immaturJSI [sic],” and included counseling recommendations. Appellant who i|H *733 now almost 36 years of age has admitted being in prison for 13 or 14 of the last 18 years. Held:
1. Appellant asserts that petitioner failed to establish by clear and convincing evidence that appellant should have his parental rights terminated. We disagree.
The two-pronged step for the termination of parental rights is contained in OCGA § 15-11-81 (a). And at the outset, we note that the juvenile court found by its order of July 14, 1989, following the hearing attended by both parents and their respective attorneys, that S. K. L. “is in a state of deprivation as found by the order оf April 21, 1988.” This clearly constitutes a finding of continuing deprivation, and this ruling was not appealed.
“Although imprisonment alone does not always compel a termination of parental rights,” it will support such a ruling when adequate aggravating circumstances are shown to exist.
In the Interest of R. L. H.,
I Further, the trial court found as fact that appellant failed to rcomply with the court order of July 14, 1989, primarily because during a period of intoxication he committed a robbery by sudden fcnatching and was incarcerated. These finding of fact are, as are the fcther pertinent findings of fact of the trial court, supported by clear Imd convincing evidence of record, and thus are sufficiеnt to support a legal determination that appellant’s violation of the court order was a lesult of his own willful and wanton criminal conduct. “Obviously, |hose same factors which show the existence of parental misconduct
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or inability can also support a finding that the termination of parental rights of the defaulting parent would be in the child’s best interest.”
In the Interest of G. K. J.,
“The appropriate standard of appellate review in a case of this sort is whether after reviewing the evidence in the light most favorable to thе appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody were lost.” (Citations and punctuation omitted.)
In the Interest of J. L. G.,
2. Appellant also contends the trial court erred in entering judgment without basing its decisiоn on a finding that jurisdiction was proper “in its court.”
(a) This constitutes only an enumeration of error grounded upon the failure of the trial court to show in its order the existence of subject matter jurisdiction. However, in the appellant’s brief an attempt is made to expand the error beyond the scope of the enumeration to include a claim that the juvenile court’s order is void because it does not show on its face the facts necessary to grant it jurisdiction both over the subject matter and the person and to establish proper venue. “Existing enumerations of error cannot be enlarged to include issues not made therein.” (Citation and punctuation omitted.)
Rowe v. Rowe,
(b) Additionally, lack of personal jurisdictiоn and imprope venue are issues that can be waived. See e.g., OCGA § 9-11-12 (b)
Whitley v. Hsu,
(c) As a general rule, “[a] juvenile court is a court of special an limited jurisdiction, and its judgments must show on their face sue facts as are necessary to give it jurisdiction of the person and subjecj matter. If the order of a juvenile court fails to recite the jurisdiction facts, the judgment is void.” (Citations and punctuation omitted
*735
Lockhart v. Stancil,
Those cases cited by appellant which interpreted the jurisdiction of a juvenile court based on the Ga. Const. of 1976, Art. VI, Sec. XIV, Pars. I-V, are distinguishable. Compare
In the Interest of R. A. S.,
Juvenile court cases may now be tried as provided in the Juvenile Court Code of Georgia. Ga. Const. of 1983, Art. VI, Sec. II, Par. VI. See
In the Interest of S. H. and I. W.,
The order of the juvenile court reflects on its face that the case involved the subject matter of tеrmination of parental rights of both appellant and the child’s mother. The order expressly states that “both parents were properly served with process,” and appellant “attended the hearing with his attorney.” (Emphasis supplied.) Although [the child’s mother did not attend the hearing, she was represented by [her attorney who participated fully. The child also was represented [by an attorney at the hearing.
| In addition, the order expressly states that by previous court or-per of April 21, 1988, S. K. L. was placed in the “custody” of the Chathаm County Department of Family & Children’s Services. It may be presumed as a matter of law, subject to rebuttal, that upon the effective date of that order the child being in the custody of the Chat-barn County DFCS did in fact obtain a Chatham County residence, blthough the child thereafter experienced eight changes of custodians, nothing in the order or the record establishes that they obtained b legal residence other than Chatham County during this time period. Moreover, in January, 1990, the child’s maternal grandfather physi-lally “placed the сhild with the Department”; and, the order reflects ■e remained with the Department thereafter, except for a brief period when taken to Florida by his mother without notice to the Department. The child was found by a DFCS caseworker who went to Flor-■la and sеcured the child’s release. Thus, the order establishes on its Jice, in conjunction with the above-stated presumption of law (see merally OCGA § 24-4-21), that S. K. L. was a Chatham County resi
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dent as of the date the Chatham County DFCS was given custody of him on April 21, 1988; and, such residence status not bеing rebutted in said order or elsewhere is presumed to be continuing
(Esco v. Jackson,
Judgment affirmed.