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IN THE INTEREST OF A. W.3/31/1998
On November 16, 1995, A. W., a baby, was adjudicated as deprived and committed to the custody of the Whitfield county Department of family and Children Services ("DFACS").
This is an appeal by the mother and father of the termination of their parental rights by the Juvenile Court of Whitfield County on August 25, 1997; the termination of parental rights resulted from the parents' failure under the reunification plans developed by DFACS after the initial deprivation and removal procedure. The case was tried on August 21, 1997.
A. W. was born October 5, 1995 and tested positive at birth for cocaine and was determined to be at risk of neglect and abuse from her parents by the juvenile court upon petition by DFACS. As a result, she trembled frequently, had difficulty sleeping, was hyperactive and restless, and had reflux problems. She shows signs similar to Attention Deficit Hyperactivity Disorder.
Both parents acknowledged that they had drug and alcohol problems, and the mother had cocaine metabolite in her blood when she gave birth; the mother was arrested and pled guilty to cocaine possession as a consequence of the presence in her blood. At the time
of delivery, both parents smelled of alcohol. DFACS was granted custody two days after A. W.'s birth. After delivery of A. W., the mother underwent a twenty eight day in-patient treatment program for drugs and alcohol abuse. She was prosecuted and pled guilty on March 6, 1996, to the possession of cocaine, i.e., having it in her blood stream so that, at birth, A. W. was positive for cocaine metabolite.
Reunification with the parents was attempted for 13 days on the condition that the mother remain alcohol free, but the attempt failed when she again began consuming alcohol and was unable to cope with the baby. The baby has stayed in foster care for the remainder of her life. DFACS failed to have the parents undergo periodic drug and alcohol screens over the 22 months that A. W. was in custody, because neither parent had custody. However, the mother submitted two negative drug screens made on March 14, 1996, and June 10, 1996.
DFACS has had prior involvement with the mother regarding neglect complaints involving an older sister, J., one in 1993 and two in 1994; the daughter ultimately was placed in her father's custody. DFACS also had prior involvement with A. W.'s father in regard to his son, B., one in 1993 and two in 1995. These neglect complaints involved drug and alcohol abuse by the father, resulting in lack of supervision of the son. In 1997, DFACS received custody of B. because of the neglect.
DFACS and the parents of A. W. entered into a reunification plan which had a number of goals. The first goal was that the parents remain drug- and alcohol-free. The second goal was that the parents maintain a drug- and alcohol-free home. The third goal required the parents to obtain their own source of income; however, the parents failed to provide DFACS with proof of employment, were not able to establish employment since the birth of A. W., and remained unemployed. The fourth goal was that the parents maintain regular and consistent contact with the child. While the parents were required to cooperate with DFACS as the fifth goal and expressed the desire to do so, neither parent was able to maintain progress on the goals, which was partially due to repeated incarcerations.
The mother was arrested for shoplifting in April of 1996; it was her second such arrest and caused her probation from the cocaine possession sentence to be revoked. When not incarcerated, the mother visited the child consistently between December of 1996 and May of 1997.
When not incarcer
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