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In re C.N.H.5/11/1999
In the Court of Appeals of Georgia
JO-054
The mother of C. N. H., A. R. T. H., K. M. H., and J. E. H. appeals from a juvenile court order terminating her parental rights. She contends the trial court erred in determining that the cause of the children's deprivation is likely to continue or will not likely be remedied. For reasons which follow, we affirm.
On appeal, we view the evidence in a light most favorable to the juvenile court's order and determine whether a rational trier of fact could have found by clear and convincing evidence that the natural parent's rights should have been terminated; we do not weigh the evidence and must defer to the trial Judge as the factfinder. In the Interest of D. L. N., 234 Ga. App. 123, 125 (2) (506 SE2d 403) (1998). We find no error and affirm the decision of the juvenile court.
The decision to terminate parental rights involves a two-step process. First, the juvenile court must determine whether there is clear and convincing evidence of parental misconduct or inability, as defined in OCGA § 15-11-81 (b). Parental misconduct is found when the child is deprived, the cause of the deprivation is lack of proper parental care or control, the cause of the deprivation is likely to continue or will not likely be remedied, and the continued deprivation will cause or is likely to cause serious harm to the child. OCGA § 15-11-81 (b) (4) (A). Second, if the juvenile court finds clear and convincing evidence of parental misconduct or inability, it must consider whether termination of parental rights is in the best interest of the child, considering the child's physical, mental, emotional, and moral condition and needs, including the need for a secure, stable home. OCGA § 15-11-81 (a). See In the Interest of B. D., 236 Ga. App. 119 ( SE2d ) (1999).
Viewing the evidence in favor of the juvenile court's findings, the record shows that the Walker County Department of Family and Children Services (the "Department") became involved with six-year-old C. N. H., five-year-old A. R. T. H., three-year-old K. M. H., and one-year-old J. E. H. in August 1994 after receiving several child protective services referrals. The mother signed a case plan in September 1994. In November 1994, the mother left all four children with their grandmother, who called the Department and said she could not care for the children. The juvenile court held an adjudicatory hearing, found the children deprived, and awarded temporary legal custody of the children to the Department. The court allowed the mother to retain physical custody of the children. The Department developed a case plan requiring the mother to attend counseling classes, parenting classes and AA meetings; stabilize by taking her medication; leave the children with a reliable baby sitter; maintain a safe, stable home; and refrain from drinking alcohol around the children.
On December 9, 1994 the juvenile court held a hearing to review its deprivation order. The mother stipulated to the children's deprivation.
In April 1995, the mother was arrested for driving with defective equipment, a suspended license and no proof of insurance. She agreed that the Department should obtain physical custody of the children because she needed to become financially stable. The children were removed from her home. A May 1995 case plan required the mother to obtain a safe, stable home environment; acquire and demonstrate appropriate parenting skills; become financially stable; become alcohol-free; and visit the children regularly.
In November 1995, the juvenile court again awarded physical custody of K. M. H. and J. E. H. to the mother. However, in April 1996, the mother w
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