Working with Child Deprivation Cases in Georgia's Juvenile Courts

B. STANDARDS OF PROOF AND REQUIREMENTS OF PARENTAL RIGHTS

The Georgia Juvenile Code has set forth four basic situations where a petition for the termination of parental rights is clearly appropriate:

1. the parent has given written consent, acknowledged before the court, to the termination of his/her parental rights with respect to the child, such as in a case where the parent places the child for adoption;
2. a decree has been entered by a court ordering the parent to support the child and the parent has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
3. the parent has either abandoned the child or left the child in a situation that the identity of the parent cannot be determined after a diligent search and the parent has not come forward to claim the child within three months of his/her finding;
4. the court makes a finding of parental misconduct or inability. O.C.G.A. § 15-11-81(b)(1-4).

According to the Georgia Juvenile Code, the court can only order the termination of parental rights by finding by clear and convincing evidence that the parent in question falls into one of the categories above set forth. O.C.G.A. § 15-11-81(a). Even if the court finds justification for termination because the parent falls into one of these four categories, the court cannot terminate a parent's rights over the care and control of the child unless the termination would be in the best interest of the child. This is decided by the court after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need of that child for a secure and stable home. O.C.G.A. § 15-11-81(a). This is a high standard for the petitioner to meet. It is not sufficient by itself for termination to be in the "best interest" of the child or that the child might be better off in another environment. A finding of unfitness must be based on a review of whether the parent can care for the child alone without the necessity of state intervention. It is not enough that the child might find better "financial, education or even moral advantages elsewhere." Carvalho v. Lewis 247 Ga. 94 (1981). The court must still find, by clear and convincing evidence a case of parental misconduct or inability. Ferreira, McGough's Ga. Juvenile Practice and Procedure, (2nd ed.), 5-6.