A petition alleging deprivation was filed in February 2003 regarding I. S. and his twin sister, D. S., after one-month-old I. S. was found to have a broken left femur, a broken left fibula and another leg fracture that was in the healing stage. In an order filed May 8, 2003, the juvenile court of Fulton County found that the infants were deprived based on medical evidence adduced at an earlier hearing.
At a review hearing conducted May 21, 2003, the court heard from the parties that appellants had complied with the conditions prescribed by the court and that the infants were “doing fine,” although the results of medical testing undertaken to determine if I. S. suffered from a genetic disorder proved inconclusive.
In direct appeals taken under OCGA § 5-6-34 (a) (1), appellate courts must review all rulings rendered in the case that are raised on appeal and which may affect the proceedings below, without regard to the appealability of the ruling standing alone and without regard to whether the ruling was final or appealable by some other express provision of law. Id. at (d). Thus, a party may challenge the propriety of an earlier, unappealed deprivation order in the course of a timely direct appeal taken pursuant to OCGA § 5-6-34 (a) (1) from a subsequent order arising out of the deprivation proceeding. See In the Interest of S. J.,
Consistent with its requirement that appellate courts address only those rulings that “may affect the proceedings below,” OCGA § 5-6-34 (d) expressly provides that “[n] othing in this subsection shall require the appellate court to pass upon questions which are rendered moot.” “The general rule is that appellate courts do not consider moot questions. Mootness is a question of court policy based on the theory that courts do not give opinions on abstract propositions of law that do not involve an actual controversy between parties.” (Footnotes omitted.) Hopkins v. Hamby Corp.,
There are exceptions to the mootness rule but they do not apply here. While the propriety of the May 8 deprivation order is undoubtedly of great concern to appellants, the case does not contain an issue of significant public concern, compare Perdue v. Baker,
Accordingly, the Court of Appeals correctly held that the case was moot by virtue of appellants retaining custody and the case being closed.
Judgment affirmed.
Notes
Evidence was presented at a February 2003 hearing that I. S.’s fractures were the result of non-accidental trauma and were typical of injuries found in abused children. I. S.’s parents could not provide an explanation for his injuries and although the possibility that I. S. had osteogenesis imperfecta (“OI”), a genetic disorder characterized by bones that break easily, had been raised by medical professionals from the start of the investigation into I. S.’s injuries, the results of his medical tests for OI were not yet available.
The court heard from the parties that while OI had not been detected in its most severe form, other forms of OI were not ruled out, particularly because I. S. displayed certain other traits of the disorder.
The July order reiterated the previous finding of deprivation; included a verbatim list of the evidentiary bases for that finding; repeated the conditions that had been imposed on
Appellants contended that there was no evidence at all to support the court’s finding that D. S. was deprived; that no clear and convincing evidence supported the court’s finding that I. S. was deprived; and that the court improperly relied upon appellants’ lack of explanation for I. S.’s injuries in finding the infants to he deprived.
While parties are foreclosed from challenging the propriety of a deprivation ruling once it has been upheld on appeal, parties are not prevented from thereafter obtaining a modification or vacation of that ruling “on the ground that changed circumstances so require in the best interest of the child.” OCGA § 15-11-40 (b). See also Bruce v. Garges,
“Deprivation proceedings and parental rights termination proceedings are separate and distinct. [Cit.] Unappealed deprivation orders of the juvenile court maybe used to establish that the children were deprived [Cit.] Because the parents did not appeal that decision regarding their children, they are bound by the determination that their children were deprived. [Cits.]” Id. at 387-388 (1).
Because the infants were previously found to be deprived after a hearing held on the petition alleging deprivation, the juvenile court was not required to dismiss the petition pursuant to OCGA § 15-11-56 (a) in order to close the case, after it was established at the subsequent hearing that the children no longer met the statutory definition of deprived. See OCGA § 15-11-58.1 (b) (juvenile court may terminate an order of disposition of a child adjudicated as deprived prior to its expiration “if it appears to the court that the purposes of the order have been accomplished”).
We do not address whether proof of the alleged prejudicial collateral consequence must meet the “concrete and continuing” standard in Spencer v. Kemna, supra,
