Working with Child Deprivation Cases in Georgia's Juvenile Courts
A REFERENCE MANUAL FOR
SPECIAL ASSISTANT ATTORNEYS GENERAL
IX. Termination of Parental Rights
A petition for the termination of parental rights is often made by the Department
of Family and Children Services when it appears that efforts to reunify the
family will either be futile or potentially endanger the child emotionally and
physically. A termination petition can also be filed on behalf of the child
by his/her guardian ad litem or any other interested party just as in a petition
alleging the child to be deprived. O.C.G.A. § 15-11-82(b). An order terminating
parental rights has the effect of ending all rights and obligations of the parent
with respect to the child and the child to the parent. O.C.G.A. § 15-11-80.
If parental rights are terminated the parents has no right to object or participate
in any further proceedings. The parent will have no right to notice of or the
right to object to the future adoption of that child into another home. O.C.G.A.
§ 15-11-80. The termination of one parent's rights with respect to the
child has no effect on the legal rights of another child. O.C.G.A. § 15-11-92.
Once a parent's rights have been terminated in regards to the child, all obligations
to support the child end and the state may not require the parent to support
a child in the custody of DFCS. Dep't of Human Resources v. Ammons, 206
Ga. App. 805 (1992). In addition, all rights of inheritance from the child's
biological parents end once that parent's rights with respect to the child have
been terminated. A juvenile court may not reserve inheritance rights for a child
in an order terminating parental rights. Spence v. Levi, 133 Ga. App.
581 (1974).
The venue requirements for a petition to terminate parental rights mirror
those of a petition alleging the child to be deprived. O.C.G.A. § 15-11-82(b);
and § 15-11-15. The Court of Appeals has held that in a proceeding to terminate
parental rights, a petition can also be filed in the county in which the child
resides in a foster home if that location is different from the county in which
the first action concerning the child was filed. Cain v. Dep't of Human Resources,
166 Ga. App. 801 (1983).
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