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In the Interest of G. R. B., a Child

CourtCourt of Appeals of Georgia
Docket No.A14A2032
DecidedFebruary 12, 2015
Reporter330 Ga. App. 693; 769 S.E.2d 119
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Judge Dillard authored the opinion
Tags
CivilFamily LawChild CustodyParental RightsEvidenceReversal
Case Summary

Jesse Bowen appealed a juvenile-court adjudication that his infant son, G.R.B., was deprived and an order placing permanent legal custody with the child’s maternal grandparents. The record included domestic-violence incidents between the parents, Bowen’s history of methamphetamine use, a February 2014 altercation involving the mother’s boyfriend, and a positive drug test, but it also showed that the child was not present during the altercation, Bowen had completed required classes, entered treatment, passed subsequent drug screens, and could provide a safe home. The Court of Appeals of Georgia held that the evidence did not satisfy the clear-and-convincing standard for present deprivation. A deprivation proceeding focuses on the child’s welfare, not parental fault, and custody cannot be removed based only on past conduct or potential future harm. The court emphasized that the Department had reported no present safety concerns and that the parents were separated without current plans to reunite. Because the record did not establish present harm or parental unfitness, the court reversed both the deprivation finding and the award of permanent legal custody to the grandparents.

Opinion

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