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In The Interest Of I. P., Et Al., Children (Mother)

CourtCourt of Appeals of Georgia
Docket No.A24A0162
DecidedJune 6, 2024
Reporter364 Ga. App. 82
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyCivil ProcedureDue ProcessVacaturRemand
Case Summary

The children’s mother appealed a juvenile-court order finding the children dependent. She argued that she had not been served with an amended petition, that the evidence did not clearly and convincingly establish dependency, that the agency had not made reasonable efforts to avoid removal, and that the order lacked adequate findings. The Court of Appeals of Georgia vacated the order for a second time. The record contained limited evidence concerning the children’s condition and the mother’s mental-health allegations, and the juvenile court relied on matters that had not been properly introduced after the mother was not timely notified. The appellate court held that the service error was not harmless because the order expressly relied on the mother’s incarceration and the remaining record did not independently support the judgment. It remanded without reaching the mother’s other arguments.

Opinion

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