In The Interest Of: C. J.v.And F. N. R., Children (Mother)
The mother of two children appealed an order permanently terminating her parental rights. The juvenile court found that the children were deprived and that the deprivation was likely to continue because of unstable housing and income, incomplete case-plan tasks, and delayed child-support payments. The Georgia Court of Appeals reversed. It assumed the deprivation finding was supported but held that the record did not clearly and convincingly show that its cause was likely to continue. The mother had completed parenting classes and a psychological evaluation, maintained regular visits and a parental bond, obtained employment before a temporary layoff, lived independently, and made substantial child-support payments after obtaining work. The court held that the juvenile court had speculated about future housing and income problems and had treated poverty and unproven psychological concerns as more significant than the evidence allowed. Because the trial court also lacked sufficiently supported findings concerning present unfitness and continuing harm, the termination order could not stand. Judge Andrews dissented, emphasizing the mother’s prior instability, missed obligations, the children’s foster placement, and the juvenile court’s superior role in weighing credibility and the prospect of rehabilitation.
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