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In the Interest of M.M.R., a Child (consolidated with In the Interest of D.J.T.)

CourtCourt of Appeals of Georgia
Docket No.A15A2017
DecidedMarch 2, 2016
JudgesFirst Division; Chief Judge Doyle, Presiding Judge Phipps, and Judge Boggs; Doyle authored; Phipps concurred and Boggs concurred in judgment only
Tags
CivilFamily LawParental RightsStatutory InterpretationAppellate ProcedureReversal
Case Summary

These consolidated discretionary appeals challenge termination of the adoptive grandmother’s parental rights to D.J.T. and the biological mother’s parental rights to M.M.R. The Court of Appeals reversed both termination orders. In A15A2018, it held that the evidence did not clearly and convincingly establish the grandmother’s failure to support D.J.T.; no support amount had been ordered, while the grandmother paid for the child’s health insurance and brought gifts. In A15A2017, although the mother did not challenge the prior deprivation finding, the evidence did not clearly and convincingly show that deprivation was likely to continue or cause serious harm: she had stable housing and employment, maintained contact, and completed nearly all case-plan requirements, while the Department had not resolved barriers to in-person visitation. The court also held that the Department had not given the mother specific support instructions or amounts, so nonpayment could not support termination. It reversed the order terminating the mother’s rights to M.M.R.; Presiding Judge Phipps concurred, and Judge Boggs concurred in the judgments only.

Opinion

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