In the Interest of D. B

Full title: IN THE INTEREST OF D. B. et al

Court: Court of Appeals of Georgia

Date published: May 4, 1988

369 S.E.2d 811 (Ga. Ct. App. 1988)

187 Ga. App. 66

Opinion

76382.

DECIDED MAY 4, 1988.

Termination of parental rights. Chatham Juvenile Court. Before Judge Beam.

Mark J. Nathan, for appellant.

Michael J. Bowers, Attorney General, Carol A. Cosgrove, Senior Assistant Attorney General, Carl S. Pedigo, Jr., Special Assistant Attorney General, for appellee.

SOGNIER, Judge.

Appellant, the mother of D. B. and D. B., appeals from the order of the Juvenile Court of Chatham County terminating her parental rights in the children. The record affirmatively reveals that no attorney was appointed, pursuant to OCGA § 15-11-85 (a), to represent the children as counsel in the proceeding terminating parental rights. Under the authority of In re L. L. B., 256 Ga. 768 ( 353 S.E.2d 507) (1987), we must therefore vacate the judgment of the juvenile court with the direction that on remand the juvenile court shall retry this case under OCGA § 15-11-80 et seq., considering OCGA § 15-11-85 (a) in particular. We note that appellant's claim that she is an indigent, entitled to an attorney under OCGA § 15-11-85 (b), will necessarily have to be re-evaluated upon retrial of the proceeding terminating her parental rights in the children.

Judgment vacated and case remanded with direction. Deen, P. J., and Carley, J., concur. Deen, P. J., also concurs specially.

SOGNIER, Judge.

DECIDED MAY 4, 1988.

DEEN, Presiding Judge, concurring specially.

While concurring fully with the majority opinion, it should be noted that promoting the interest of the family was placed in the Preamble of Georgia's latest Constitution of 1983 in order to once again emphasize the high priority of value and importance to matters relating to family concerns.