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In re L.G.

5/27/2005

BLACKBURN, P. J., MILLER and BERNES, JJ.


Appellant mother appeals from the March 31, 2004 order entered by the Juvenile Court of Henry County terminating her parental rights to her two minor children, L.G. and Y. G. Finding no error, we affirm.


Following the grant of a termination of parental rights ("TPR") petition, we review the evidence in the light most favorable to the Department of Family and Children Services ("DFCS"). In the Interest of H. D. M., 241 Ga. App. 805 (1) (527 SE2d 633) (2000). So viewed, the record reflects that on February 7, 2002, DFCS removed L.G. and Y. G., along with their older siblings S.G. and T. A., from their maternal great-grandmother's home after making an unannounced visit. At the time of the removal, appellant was incarcerated in the Henry County Jail. Appellant had left the four children in the care of their elderly great-grandmother at the time of her arrest earlier that week.


DFCS made the unannounced visit to the great-grandmother's home after learning that the oldest sibling, T.A., had missed at least 23 days of school and had come to school inappropriately dressed, hungry, and smelling of a foul odor. When the DFCS case manager entered the home, "she was by this horrid stench that made her sick to her stomach." The home had no heat or running water and was suffering from extreme structural damage that was causing the floors to collapse. There was spoiled food in the kitchen area, and the remaining food in the refrigerator was freezer burned. Trash and food crumbs covered the floor in the children's bedroom. Their beds had no linens. L.G. and Y. G. were found in dirty diapers, soaking wet, with dried feces caked on them. L.G. had areas on her vagina where the skin had eroded. The oldest child, T. A., told the case manager that the children had not bathed in a long time, that their great-grandmother did not always cook food for them, and that the home was very cold on a routine basis. On February 14, 2002, DFCS filed a deprivation petition regarding the children. Appellant stipulated to the children's deprivation. The juvenile court found that the four children were deprived and placed them in the temporary custody of DFCS. Appellant did not appeal from that order.


After her initial incarceration in Henry County Jail in February 2002, appellant was transferred to Spalding County Jail on a charge of violating her probation. While incarcerated in Spalding County the DFCS case manager handling appellant's case visited appellant and discussed her case plan goals. Subsequently, in April 2002, appellant was released.


After her release from jail, appellant failed to meet many of her case plan goals. She did not successfully complete a parenting course as required by the plan, instead choosing to go to one class over a six-month period. Appellant claimed to be employed, but provided only one pay stub to the case manager as proof of employment, even though the plan required her to provide proof of income by the fifth of each month. Moreover, appellant failed to pay any support for the children while they were in DFCS custody. When the case manager requested that she take a drug screening, appellant cursed at her and refused to take the test. Appellant also routinely failed to visit the younger children on Saturdays and overall was attending only 50 percent of her scheduled visitations under the case plan.


In late August 2002, appellant was charged with forgery, robbery by sudden snatching, and giving a false name. She pled guilty to the latter two charges. Appellant was sentenced to two years imprisonment followed by three years probation.


After her re-incarceration in August 2002, appellant

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