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In re M. L. S.6/7/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ.
The father of M. L. S. appeals the termination of his parental rights. He contends the evidence was insufficient to support the decision and that the court erred by failing to consider placing the child with the paternal grandmother.
On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost. In the Interest of S. H., 251 Ga. App. 555 (1) (553 SE2d 849) (2001). "We do not weigh the evidence and must defer to the trial judge as the factfinder." (Citation and punctuation omitted.) In the Interest of C. F., 251 Ga. App. 708 (555 SE2d 81) (2001).
Following a hearing held on December 22, 2000, the juvenile court determined that ten-year-old M. L. S., was deprived because of neglect. The father did not appeal this order. As stated in the trial court's order,
He has attended school dirty, unkempt, and smelly to a degree that is not ordinary among active children. His self-care skills are poor for a child his age. In addition, he has told others that his father comes home drunk and acts abusively towards his mother. Although his I. Q. is 107, he is developmentally delayed. He cannot tie his shoes, and he has trouble controlling his bladder. Whether these difficulties are physiological or the result of neglect is not clear. But he should be evaluated to determine what steps should be taken next.
The court also found that the father had been convicted several times for D. U. I. and at least once for theft, and that neither the father nor the mother had a driver's license at the time.
A subsequent review by the court found that the father "continued to abuse alcohol and was tragically involved in an automobile collision that resulted in the death of an eight-year-old child." He was arrested and charged with vehicular homicide, auto theft, DUI, and driving without a license. On December 18, 2001, the father pleaded guilty to theft by taking, DUI, first degree vehicular homicide, making a false statement, and a traffic offense. He was sentenced to a total of 15 years with probation possible after 5 years.
Meanwhile, M. L. S. had been diagnosed with anxiety and needed "a consistent, structured, stable environment capable of providing support and positive reinforcement." The court determined that his mother was unable to meet those needs except for short visits. Accordingly, the court determined that the permanency plan for the child was non-reunification with the parents and placement with a willing relative. It was also determined that the paternal grandmother, who sought custody, should seek and receive training to be able to handle placement of the child. The father did not appeal this order.
A subsequent review dated November 7, 2002, found that the child "has extraordinary needs that require specialized training to adequately meet his needs. He has been diagnosed as suffering from ADHD, and it has been a struggle to find the right medicine and the right dosage. His placements had been disrupted several times because of his disability. The case plan remained non-reunification with the permanency plan being placement with a fit and willing relative. Also, the paternal grandparents were given a four-point action plan, which described the specific steps that they had to take in order for the child to be placed with them.
The plan required the grandparents to apply and qualify to become therapeutic foster parents, to provide a physician's statement that each grand
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