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White v. Department of Human Resources

Court of Appeals of Georgia
Sep 7, 1983
307 S.E.2d 686 (Ga. Ct. App. 1983)

Opinion

66084.

DECIDED SEPTEMBER 7, 1983.

Parental rights termination. Spalding Juvenile Court. Before Judge Goza.

Crisp B. Flynt, for appellants.

Eugene W. Dabbs IV, Carol Atha Cosgrove, H. Perry Michael, Senior Assistant Attorneys General, Vivian D. Egan, David C. Will, Assistant Attorneys General, for appellee.


Appellants appeal from an order terminating their parental rights in three of their children pursuant to OCGA § 15-11-51 (a) (2) (Code Ann. § 24A-3201). They enumerate as error only the sufficiency of the evidence to support the termination order.

"Termination of parental rights is a severe measure. [Cit.] The authority to terminate parental rights is given to the trial judge where it finds the child deprived and where the conditions and cause of the deprivation are likely to continue. [OCGA § 15-11-51 (a) (2) (Code Ann. § 24A-3201).] In order for a trial court to terminate parental rights, there must be a showing of parental unfitness, caused either by intentional or unintentional misconduct resulting in abuse or neglect of the children, or by what is tantamount to physical or mental incapability to care for the children. [Cits.] Our decisions have taken a stern view in cases of parental termination, sustaining such rendering only where there is evidence of profoundly detrimental and egregious parental misconduct underlying the deprivation and probable continued deprivation. [Cit.]" In the Interest of T. R. L., 162 Ga. App. 659, 660-661 ( 292 S.E.2d 518) (1982).

The above stated standard was met in the instant case by clear and convincing evidence of compelling facts authorizing the termination of appellants' parental rights. See generally Kilgore v. Dept. of Human Resources, 151 Ga. App. 19 ( 258 S.E.2d 680) (1979); McHugh v. Dept. of Human Resources, 157 Ga. App. 82 ( 276 S.E.2d 132) (1981). Compare In re Suggs, 249 Ga. 365 ( 291 S.E.2d 233) (1982); Chancey v. Dept. of Human Resources, 156 Ga. App. 338 ( 274 S.E.2d 728) (1980).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED SEPTEMBER 7, 1983.


Summaries of

White v. Department of Human Resources

Court of Appeals of Georgia
Sep 7, 1983
307 S.E.2d 686 (Ga. Ct. App. 1983)
Case details for

White v. Department of Human Resources

Case Details

Full title:WHITE et al. v. DEPARTMENT OF HUMAN RESOURCES

Court:Court of Appeals of Georgia

Date published: Sep 7, 1983

Citations

307 S.E.2d 686 (Ga. Ct. App. 1983)
307 S.E.2d 686