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In the Interest of S. R. R., a Child (Mother)

CourtCourt of Appeals of Georgia
Docket No.A14A1809
DecidedMarch 2, 2015
Reporter330 Ga. App. 817; 769 S.E.2d 562
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Judge Miller authored the opinion
Tags
CivilFamily LawParental RightsChild CustodyEvidenceReversal
Case Summary

The juvenile court entered an order ending the mother’s parental rights after finding her son deprived and concluding the deprivation was likely to persist and cause serious harm. The mother appealed the termination order but not the earlier deprivation finding, so the appellate court assumed the child’s deprivation was supported by the mother’s past lack of proper care or control. By the termination hearing, the mother had completed most case-plan goals, consistently visited and bonded with her son, maintained a clean and stable home, and begun working; the putative father had moved out months earlier. The court held the record did not establish with clear and convincing evidence that the mother was presently unfit or that deprivation was likely to continue and cause serious harm. Her disability, limited income, and past unfitness did not alone justify termination, and the record did not show that her prescribed medication or health conditions made her incapable of caring for her son. The court reversed the termination order.

Opinion

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In the Interest of S. R. R., a Child (Mother) — The Atlanta Gleaner