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In re T. A.

Court of Appeals of Georgia

March 11, 2015

In the Interest of T. A., a child

Termination of parental rights. Fulton Juvenile Court. Before Judge Boyd.

Judgment affirmed.

Darice M. Good, for appellant.

Samuel S. Olens, Attorney General, Shalen S. Nelson, Penny L. Hannah, Senior Assistant Attorneys General, Lytia G. Brown, Assistant Attorney General, Nathan A. Hayes, Jamieson S. Rogers, for appellees.

MCFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 798

McFadden, Judge.

The mother of T. A. appeals the termination of her parental rights, arguing that the evidence does not support the termination. She contends that the trial court erred in finding clear and convincing evidence that T. A.'s deprivation was likely to continue and that such deprivation would cause or was likely to cause serious physical, mental, or emotional harm to T. A. Although the mother met most of her case plan goals, the evidence of parental inability is sufficient to support the termination of her parental rights, and we must therefore affirm.

1. Facts.

On appeal from a juvenile court's order terminating parental rights, we view the evidence

in the light most favorable to the juvenile court's ruling, and our review is limited to addressing the question of whether any rational trier of fact could have found by clear and convincing evidence that the parent's rights should have been terminated. In this review, we must necessarily defer to the juvenile court's fact finding, weighing of the evidence, and credibility determinations.

In the Interest of C. M., 325 Ga.App. 869, 869-870 (1) (756 S.E.2d 5) (2014) (citation and punctuation omitted).

[331 Ga.App. 93] Viewed in that light, the evidence shows that an authorization for shelter care for T. A. was filed on June 3, 2011, alleging that the mother had abandoned T. A. with a friend. A probable cause order granted temporary legal custody to the Department of Family and Children Services (" DFCS" ) based on the abandonment by the mother. T. A. was three years old at the time. Shortly thereafter, DFCS filed a deprivation petition. Following a hearing, the juvenile court held that T. A. was deprived based on numerous conditions, including the fact that the mother left T. A. overnight with a friend so that she could go to a nightclub and did not return in the morning to retrieve him. The friend also stated that the mother had physically abused T. A. and that she had witnessed a beating that resulted in a gash on T. A.'s head. In addition, an employee of a shelter where the mother previously lived stated ...


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