The biological mother of T. J. J. and T. J.
“In considering a challenge to the sufficiency of the evidence in a parental termination of rights case, the evidence must be reviewed in the light most favorable to the juvenile court’s determination.” In the Interest of T. B.,
On June 30, 2000, DFCS petitioned to terminate appellant’s parental rights to both children, and the juvenile court granted the petition.
The cause of the deprivation was attributed to the fact that [appellant] was a juvenile, that she had been in [DFCS]’s custody since 1989, and that she was unable to provide adequate supervision and care for her child. Yet, the evidence revealed that [appellant] had very recently reached the age of 18, was no longer in [DFCS]’s custody, and had begun stabilizing her life.
Id. at 314 (1). We further pointed out that appellant had established a home with the biological father, had obtained full-time employment, was in the process of completing her high school education, and had attended family planning classes. Id. at 314-315 (1). While appellant had not bonded with her children, we concluded that “the circumstances that prevented that opportunity and contributed to her children’s deprivation [had] changed significantly.” Id. at 315 (1). We therefore reversed and remanded with instructions that a reunification case plan be established, “subject to whatever disposition is warranted by future events and those occurring since the last termination hearing.” Id. at 316 (1).
Following remand, DFCS developed and obtained judicial approval of a case plan under which appellant was required to: (1) obtain and maintain a source of income for the children; (2) obtain and maintain stable, clean, and safe housing large enough for herself and her children; (3) obtain childcare services or assure proper supervision of the children at all times; (4) schedule, attend, and complete parenting classes; (5) contact the relevant child support
Appellant’s initial progress ended, however, in the fall of 2004. In appellant’s own words, “me and my husband got married October 3rd of 2004, and November came, and we just fell. We just fell. You know, the devil. . . got to us, and we just fell off, you know.” On November 5, 2004, a law enforcement officer stopped appellant’s husband because he was driving a vehicle with a stolen tag. Appellant and her infant son were passengers in the vehicle. The officer arrested appellant’s husband for driving under the influence (“DUI”) and driving with a stolen license tag. Because appellant informed the officer that her home did not have any heat, food, or electricity, the officer drove appellant and her infant son to a shelter. Appellant and her son spent the next 35 days in the shelter while her husband remained in jail.
Appellant did not notify her case manager about the DUI incident or about the fact that she and her infant son were living in a shelter. Only later did DFCS learn of what had occurred and that appellant’s husband in fact had an extensive criminal history reflecting substance abuse problems, including past convictions for DUI and possession, manufacture, and distribution of a controlled substance.
Over the ensuing months, appellant failed to complete several of her case plan goals. Appellant never voluntarily paid any child support, resulting in her driver’s license being suspended and her income tax refund being withheld by the child support enforcement unit. Appellant, who still had not obtained a high school diploma and was now unemployed, failed to seek new employment or otherwise obtain an income source to support her two minor daughters, even though her husband’s income alone was insufficient to support two additional children in their home. Appellant never lined up childcare services, which would be necessary if and when she found new employment. Furthermore, appellant failed to complete her individual counseling and parenting education sessions with Ms. Cara Brannan, the licensed social worker to whom appellant was referred by DFCS. Appellant missed 13 of the scheduled sessions, sometimes not calling Ms. Brannan until several hours later or the next day to explain why she had failed to attend.
On May 20, 2005, DFCS filed a new petition to terminate appellant’s parental rights over T. J. J. and T. J. At the evidentiary hearing on the petition, it was revealed that appellant is currently
After the hearing, the juvenile court granted the petition and placed the children in the permanent custody of DFCS, with the right to proceed with adoption. This appeal followed.
1. The criteria and procedure for terminating parental rights are well settled under Georgia law.
OCGA § 15-11-94 (a) sets out a two-part procedure for termination cases. First, the juvenile court must determine whether there is clear and convincing evidence of parental misconduct or inability, as defined in subsection (b) of the statute. Parental misconduct is found when: (1) the child is deprived; (2) lack of proper parental care or control is causing the deprivation; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. OCGA § 15-11-94 (b) (4) (A) (i)-(iv). Second, if the juvenile court finds clear and convincing evidence of parental misconduct or inability, “(it) shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child . . . , including the need for a secure and stable home.” OCGA § 15-11-94 (a).
(Citations omitted.) In the Interest of S. L. B.,
Appellant does not challenge the juvenile court’s findings as to the first, second, and fourth criteria for parental misconduct or inability. Rather, appellant limits her challenge to the court’s finding
Applying these principles, we conclude that the juvenile court did not err in finding that the deprivation of T. J. J. and T. J. was likely to continue and not be remedied, given appellant’s ongoing failure to comply with multiple requirements of her case plan. See In the Interest of B. S.,
More specifically, appellant’s failure to voluntarily pay any child support, or to take the necessary steps to prepare financially for the addition of T. J. J. and T. J. to her household (such as by obtaining her GED, securing new employment, and lining up childcare), weighed in favor of likely continued deprivation. See In the Interest of A. H.,
“[A] parent’s failure to comply with the requirements of court-mandated mental health counseling or parenting education courses [also] is a factor which may be considered to determine the likelihood of whether the deprivation is likely to continue or will not likely be remedied.” In the Interest of G. L. H.,
Finally, the fact that appellant’s husband has an extensive criminal history reflecting substance abuse issues — particularly when considered in conjunction with the DUI incident and appellant’s current probation sentence for a drug-related offense — counseled in favor of a finding of likely continued deprivation. See In the Interest of L. G.,
It was approximately four years ago that this Court reversed the juvenile court’s order terminating appellant’s parental rights and remanded the case so that appellant could have another opportunity to comply with a reunification case plan. Rather than viewing the prior termination as a “wake-up call” and availing herself of this second opportunity, appellant failed to voluntarily pay any child support, failed to prepare herself financially for the potential addition of two children to her household, failed to complete her individual counseling and parenting education sessions with a DFCS-approved professional counselor, and now risks exposing her children to the dire effects of parental substance abuse. Accordingly, the juvenile court was entitled to find that the deprivation was likely to continue and not be remedied, appellant’s alleged recent efforts at improvement notwithstanding. See In the Interest of L. G.,
2. In a single footnote, appellant also contends that the juvenile court erred in finding clear and convincing evidence that termination of her parental rights would be in the best interest of T. J. J. and T. J. However, “[a] party cannot expand his enumerations of error through argument or citation in his brief.” (Punctuation omitted.) Robertson v. State,
Judgment affirmed.
Notes
Because both children have the same initials, we will refer to the older child as “T. J. J.” and the younger child as “T. J.”
The juvenile court also granted DFCS’s petition to terminate the parental rights of the biological father. On appeal, we affirmed the termination of his parental rights with respect to T. J., but reversed with respect to T. J. J. In the Interest of T. J. J.,
Appellant contends that she did not complete the counseling and parenting education sessions because of pregnancy sickness and because she lived far away from Ms. Brannan’s office without access to reliable transportation. Significantly, however, DFCS had previously referred appellant to a treatment provider closer to her home, and appellant unilaterally chose not to continue with that provider and never asked her DFCS case manager for another referral. Moreover, Ms. Brannan took several steps to accommodate appellant, including moving their appointments to a second office closer to appellant’s home and proposing alternative modes of transportation.
