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In The Interest Of: A. W., A Child (Mother)

CourtCourt of Appeals of Georgia
Docket No.A16A2170
DecidedFebruary 28, 2017
Reporter330 Ga. App. 693
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawCivil ProcedureStatutory InterpretationReversalDirect Appeal
Case Summary

The Lowndes County Juvenile Court found a five-year-old child dependent and awarded custody to the Department of Family and Children Services after a domestic-violence incident involving the child’s mother and father. The mother had been using methamphetamine, threatened the father with a handgun, and was arrested; the child was elsewhere during the incident and was being cared for by an adult relative’s partner. The mother appealed, arguing that the Department had not proved dependency by clear and convincing evidence and had not shown that removing the child from her custody was necessary. The Court of Appeals reversed. The evidence established a serious incident involving the parents, but it did not establish that the child was present, exposed to the danger, or without a safe caregiver at the relevant time. The Department therefore failed to prove the statutory grounds for dependency and temporary removal. The judgment finding the child dependent was reversed. Two judges concurred.

Opinion

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