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In re J.H.10/7/1999
Appellants Bridgett and Lamar Huff individually challenge the sufficiency of the evidence in the December 1997 termination of their parental rights to their son, J. H. Their motions for new trial were denied by the Cobb County Juvenile Court, and they separately appeal. Because we find that the evidence supports the termination of their parental rights, we affirm.
The standard of review of a juvenile court's decision to terminate parental rights is as follows:
whether after reviewing the evidence in the light most favorable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost.
(Citations and punctuation omitted.) In the Interest of E. C., 225 Ga. App. 12, 13 (482 SE2d 522) (1997). See also In the Interest of T. B. R., 224 Ga. App. 470, 472 (480 SE2d 901) (1997).
Under OCGA § 15-11-81 (a), the considerations for terminating parental rights involve a two-step process. The trial court must first determine whether there is present clear and convincing evidence of parental misconduct or inability. Such conduct or inability [shall] be proved by showing, inter alia, that (1) the child is deprived; (2) such deprivation is caused by the lack of proper parental care or control by the parent in question; (3) the deprivation is likely to continue; and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.
(Citations and punctuation omitted.) In the Interest of E. C., supra at 14. See also OCGA § 15-11-81 (a), (b) (4) (A) (i) - (iv).
In determining whether there is a lack of "proper parental care and control," the court may consider several factors, including the following:
(i) medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; (ii) xcessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (iii) onviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) gregious conduct or evidence of part egregious conduct of the parent toward the child . . . of a physically, emotionally, or sexually cruel or abusive nature; (v) hysical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child . . . by the parent[.]
OCGA § 15-11-81 (b) (4) (B) (i) - (v). In addition to these factors, if the child is not in the custody of parent whose rights are being terminated, the trial court shall consider whether the parent failed to make a bona fide attempt to communicate with the child; comply with court-ordered support of the child; or comply with a court-ordered reunification plan for a period of at least one year prior to the termination proceeding. Id. § 15-11-81 (b) (4) (C) (i) - (iii).
Once the trial court establishes a lack of parental care and control, the second part of the test for determining whether parental rights should be terminated is whether such termination 'is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and sta
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