 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re M. L. S.6/7/2005
f the court did not terminate the parents' rights it would be detrimental to him. The case manager testified that children who stay in foster care with no permanency tend to have more emotional problems, psychological problems, and other problems with attachment. Courts may consider this type of information as well as the special needs of a child and the parent's inability to provide for those needs. See In the Interest of J. C. J., 207 Ga. App. 599, 602 (428 SE2d 643) (1993). The evidence was sufficient to support this element of the juvenile court's findings.
(b) Best Interest of the Child
The evidence presented at the hearing and discussed above supported the juvenile court's conclusion that terminating the father's parental rights was in the best interest of the child. "The same factors that show the existence of parental misconduct or inability may also support the juvenile court's finding that terminating the parent's rights would be in the child's best interest. [Cit.]" In the Interest of D. L., 268 Ga. App. 360, 360-361 (601 SE2d 714) (2004).
Also, the child told the judge and the guardian ad litem that he wanted to stay with the foster family but have visits with his mother. He would like to have telephone contact with his grandmother and supervised visits with her. He did not want any contact with his father. Dr. Hinchey testified that the child continues to need special needs therapeutic-type training. At school, he attends classes for children with emotional/behavioral disorders. The case manager testified that permanent placement was in the child's best interest. The guardian ad litem stated that, in her opinion, placement with the foster family was in the child's best interest. See also OCGA § 15-11-94 (a) (court may consider children's need for a secure, stable home).
2. The father also contends that the court erred by not considering the paternal grandmother for placement after terminating the father's parental rights. However, the court did consider the grandmother for placement but found that she and the grandfather did not take the steps ordered by the court to put them in a position to provide care for the child's special needs. This Court "will not disturb a trial court's determination that placement with a relative is not in the best interest of the child absent an abuse of discretion[.]" In the Interest of A. L. S. S., 264 Ga. App. 318, 324 (590 SE2d 763) (2003). The record contains evidence to support the trial court's determination that the grandparents did not proceed as directed by the court.
The grandparents have never participated in the child's psychological appointments as required in the order. The grandfather never completed the requirement for a physician's certificate. Also, although an issue was raised about whether the grandparents had initially been given proper notice of the time and the date for some of the required training, the court ordered the department to give them the information they needed to proceed. And despite clear notice in the November 7, 2002 order of the court and information from the case manager, the grandparents failed to meet the requirements. Although the grandmother contends that she was thwarted by circumstances or misinformation on some occasions from completing the required programs, it was up to the trial court to determine witness credibility. We find no abuse of discretion.
Judgment affirmed. Smith, P. J., and Ellington, J., concur.
|