The Court of Appeals of Georgia, Fourth Division, reversed the juvenile court’s order that terminated mother’s parental rights and denied her motion for a new trial. The appellate court held that the juvenile court erred in terminating mother's parental rights under former O.C.G.A. § 15-11-94(a),(b)(4)(A)(i)-(iv) because the court impermissibly relied upon the mother's past drug use, while ignoring undisputed evidence of her present and well-documented commitment to sobriety. Mother tested negative for cocaine 32 times, enrolled in an after-care program to maintain her sobriety, and availed herself of every program that the treatment center offered. Furthermore, there was no evidence suggesting that mother had used drugs in the nine months before the hearing and mother earned her high-school diploma, enrolled in college, completed a drug-rehabilitation program, and attended a 15-week parenting class. In addition, despite transportation issues, mother never missed a scheduled supervised visit with her daughter. In this case, mother moved to appeal the juvenile court’s order, arguing that the court lacked clear and convincing evidence to support its finding that the cause of child’s deprivation was likely to continue. Because the evidence did not clearly and convincingly establish that the cause of child’s deprivation was likely to continue or will not likely be remedied, the juvenile court erroneously terminated mother’s parental rights and the judgment was reversed.
Cite: No. A14A0943; 2014 Ga. App. LEXIS 703 (Ga. Ct. App. Oct. 30, 2014)
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