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In The Interest Of A. H., A Child

CourtCourt of Appeals of Georgia
Docket No.A18A2092
DecidedFebruary 26, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyParental RightsAdministrative LawStatutory InterpretationVacaturRemand
Case Summary

The child entered foster care immediately after birth after both the newborn and biological mother tested positive for drugs. The child was placed with foster parents who were also caring for four older half-siblings, but the Department of Family and Children Services later identified relatives who could adopt the child and the younger brother together. The juvenile court prohibited the Department from removing the child from the foster home, relying on continuity and the risk of attachment problems. The Court of Appeals vacated and remanded. Although the juvenile court retained authority to review placement, the Department held legal custody and the court had not applied the statutory placement factors or made the required findings. The order did not fully consider permanence, disruption, attachment, biological and familial connections, and other relevant factors. The court therefore directed the juvenile court to reconsider the placement under the complete statutory framework rather than treat the child’s best interests as a general substitute for the required analysis.

Opinion

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In The Interest Of A. H., A Child — The Atlanta Gleaner