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State

12/12/2005



In this action, the Juvenile Court terminated the parental rights of D.M.E. and R.W.E. to their three minor children, R.W.E. Jr., A.E.E. and D.D.E., and both parents have appealed.


The Department of Children's Services ("Department") petitioned to terminate the parental rights of the parents on March 25, 2004, at which time the Court found that the children were dependent and neglected. The children came into custody on December 20, 2002 because the mother had left the children with her mother where three active methamphetamine labs were discovered. The father had just been released from jail.


The parents entered a permanency plan on January 17, 2003. The parents entered a second permanency plan staffed on July 3, 3003, and yet entered a third permanency plan staffed on June 2, 2004.


On December 9, 2004, the Juvenile Judge, following evidentiary hearings, entered Judgment terminating the parental rights of both parents to the three minor children. It his Judgment, the Court recited that the parents had entered into three permanency plans which the Court found to be reasonably related to remedying the conditions and circumstances which necessitated foster care.


The Court, in its Judgment, observed that:


The initial Permanency Plan for . . . [D.M.E.] approved by the Court on 3/18/03 required her to:


1) Cooperate with a drug and alcohol assessment to be set up at Hiawassee Mental Health Center and to submit to random drug screens;


2) Not leave the children with any non-family members under age 21 or anyone under 18 years old;


3) Secure appropriate housing; provide copies of employment checks twice a month to the Case Manager (CM) and advise the CM of any change in employment;


4) Not incur new criminal charges;


5) Pay all fines and fees and obtain driver's license by July 1, 2004;


6) Attend parenting classes (added by the Court).


That the first 2003 Permanency Plan for . . . [R.W.E.] approved by the Court on 3/18/03 required him to;


1) Submit to random drug screens and if they were positive, he would obtain an alcohol and drug assessment and follow all recommendations;


2) Set up a mental health appointment and follow treatment recommendations related to bipolar and/or other disorders;


3) Not leave the children with any non-family members under age 21 or anyone under 18 years old;


4) Secure appropriate housing and provide records of all employment income to CM twice a month;


5) Not incur new criminal charges;


6) Apply for restricted driver's license;


7) the Court added: Complete anger management classes, complete parenting classes, obtain A&D assessment and follow all recommendations.


The Court reiterated the second and third permanency plans and, after reviewing the evidence, observed:


The most important requirement of all three Permanency Plans is the successful completion of whatever drug and alcohol treatment is deemed necessary to make them stable, because there is a long history of problems stemming from the substance abuse. . . . Substance abuse is most probably an underlying factor in their lack of stable housing and the employment instability . . . The substance abuse was directly involved in some of [the father's] criminal charges for DUI and public intoxication.


The Court finds that over the course of two years, neither parent completed any A&D program of any sort, despite having several options offered to them, including in-home counseling. This requirement was the key task on all

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