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In The Interest Of: J. A. B., K .J. D., And A. D. D., Children (Mother)v.State Of Georgia

CourtCourt of Appeals of Georgia
Docket No.A15A2049
DecidedMarch 23, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawParental RightsChild CustodyStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

The mother of three children appealed a juvenile court order terminating her parental rights. The Court of Appeals granted discretionary review and examined whether the order identified a legally sufficient ground for termination and stated the findings needed for appellate review. The court noted that the revised Georgia Juvenile Code applied because the termination petition was filed after the new code took effect. Although the juvenile court found facts involving dependency and abandonment, its order contained conflicting legal conclusions and did not make clear which statutory ground supported termination. That omission prevented the appellate court from evaluating whether the statutory ground was proved or whether termination served the children’s best interests. Because termination permanently extinguishes the parent-child relationship, the court emphasized the need for clear findings supporting that result. It vacated the termination order and remanded with direction for the juvenile court to identify the statutory ground or grounds and develop the supporting factual findings. The panel did not resolve the merits of termination. Two judges concurred.

Opinion

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