In the Interest of D.S. et al., children.

A94A2222.
(217 Ga. App. 29)
(456 SE2d 715)
(1995)

http://www.lawskills.com/case/ga/id/287/83/index.html

The evidence recited is virtually the same evidence we previously determined did not constitute “clear and convincing evidence of deprivation under OCGA 15-11-2 (8).” In the Interest of D. S., supra at 204. However, the evidence has been rendered less compelling by the notable deletion of the references to a drug raid on the home and the presence of a large quantity of drugs which were accessible to the children.
Moreover, the trial court’s order contains no finding of fact with respect to the condition of the children. While the evidence showed that the family was living in filthy surroundings, there was no evidence of how the environment adversely affected the children, i.e., evidence of physical neglect, medical problems, malnourishment, emotional harm or mental inadequacies. Compare Vermilyea v. Dept. of Human Resources, 155 Ga. App. 746 (272 SE2d 588) (1980). Thus, there is no evidence upon which a determination can be made that the children were without “proper parental care or control, subsistence, education as required by law, or other care or control necessary for [their] physical, mental, or emotional health or morals” under OCGA 15-11-2 (8).
Furthermore, “a showing of parental unfitness is required in cases of temporary custody sought by a third party. [Cit.] Parental unfitness is ‘ “caused either by intentional or unintentional misconduct resulting in abuse or neglect of the child, or by what is tantamount to physical or mental incapability to care for the child.” ‘ [Cits.]” In re J. C. P., 167 Ga. App. 572, 575 (307 SE2d 1) (1983). There was no evidence of neglect or abuse of the children. With respect to the mother’s fitness, the DFCS caseworker assigned to her testified, “I don’t have an opinion as to whether she’s an appropriate mother or not. I don’t have any reason to have one one way or the other; okay? I mean, I don’t have any reason to believe that she’s not or that she is.”
” ‘The right to the custody and control of one’s child is a fiercely guarded right in our society and in our law. It is a right that should be infringed upon only under the most compelling circumstances.’ [Cit.] Our review of the record fails to unearth the clear and convincing proof that any rational trier of fact could have found that [appellant] had conducted [herself] in such a way as to abuse or neglect [the children] to the extent that [her] parental right to custody should be terminated.” In re S. E. H., supra at 851-852. Other than seeking to have the children declared deprived, there is no evidence that DFCS has provided any support services to this mother which would eliminate the necessity of resorting to the drastic measure of state intervention into this family unit. Compare Vermilyea, supra. Nor is there evidence that the mother would be uncooperative. We do not condone her neglectful housekeeping, but “we cannot say as a matter of law that the situation is such that [she] should be condemned as an unfit parent and stripped of [her] parental right to custody of [her children].” Id. at 852. See also In the Interest of M. A. V., supra at 302.
2. In light of our holding in Division 1, we need not address the remaining enumerations of error.
Dock H. Davis, for appellant.

untiltheycomehome

CASE LAW
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In the Interest of D.S., 217 Ga. App. 29 (1995)
Deprivation finding reversed when there was no evidence that the child was experiencing physical neglect, medical problems, malnourishment, emotional harm or mental inadequacies as a result of the filthy living conditions in the home.
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44 Responses to In the Interest of D.S. et al., children.

  1. Of course I have to be the first to like my own writing lol πŸ™‚ I have to test it out…

    Like

  2. Nellie says:

    Very well done my girl!!!

    Liked by 1 person

  3. puremadangel says:

    Just wanted to say hey. I really like the idea in this. So many parents have no idea what they are up against when first facing cps. Parents need somewhere to turn and some one to trust. ( it saddens me to know many times parents don’t realise what they are up against till it’s too late.) Thank you for all your efforts . I will tell my friends.

    Liked by 1 person

    • gacoalition4childprotectionreform1 says:

      Thank you sweetie!! I had the same when I was going through this mess with mine. I know they don’t know what they are up against either and thank you for taking the time to stop and read. πŸ™‚

      Like

  4. Nellie says:

    I know this lady is doing an awful lot to help parents in distress,and give hope to people like you and me all over!!!Thank you my Paige and keep on doing what you are doing,perseverance is the key to ALL success in EVERYTHING we set out to do!!!!! ❀

    Liked by 1 person

  5. gacoalition4childprotectionreform1 says:

    I do it because I hope wherever my son is that someone is really taking good care of him until he comes back to me ❀

    Like

    • Nellie Price says:

      I KNOW that he will find you one day,they usually go out and search for their birth mother,as soon as they come of age,then there are no more restrictions on them!!! Hope it will be soon for you my Paige!! ❀

      Like

  6. Joe Burns says:

    To sum up the whole Child Abuse Industry into 11 minutes, listen to what a former director of Baltimore social services has to say about the system. She was forced to leave her position because of death threats.

    Liked by 1 person

  7. gacoalition4childprotectionreform1 says:

    We are all subjected to threats by the government if we speak out on the failed foster care systems. Is sad, but I know the wrath of God will take away the demons of this world. I just hope I am around when that happens!!

    Liked by 1 person

  8. sdj4djustice says:

    Wow! I love your site! It is awesome! So wonderful of you to provide parents with resources in your State. It’s perfect, keep building. Hey, I am putting together a syllabus for a Dependency Court workshop. I will share it with you and maybe someone in Georgia could do the same thing, using my syllabus as a guide since all States have different laws. I will keep you apprised of my progress.

    Liked by 1 person

  9. GENEVIA Peters says:

    Thanks for the info is there anyone out there willing to help families in these situations sue d state if we have all the evidence if so please contact me @gpeters83@gmail.com

    Liked by 1 person

    • gacoalition4childprotectionreform1 says:

      Sorry, I sent you a blank email πŸ™‚ I’m just working on my first cup of coffee. I will take a look at it – knowing class action section 1983 – I have 4 parents already.

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  10. gacoalition4childprotectionreform1 says:

    Genevia, if you are in GA, I am working on putting together a class action suit as we speak. I ask parents to please draft a declaration of the truth and facts and send it to me. I think there is a copy of the declaration on my wordpress, if you cannot find it please let me know. Thanking you in advance.
    Paige

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  11. cj johnston says:

    Hi my name is Carrie…I’m dealing with cps and was needing some advise I know you!r not a lawyer but I read your blogs and feel like you would probably be able to give me some advise….I’m desperate because my kids mean the world to me…..please if u can give me a call at 8592306690…..I just really need advice

    Liked by 1 person

    • gacoalition4childprotectionreform1 says:

      Carrie, your phone number area code prompts KY? are you in KY?

      Like

      • cj johnston says:

        Yes…my kids are in Atlanta with my aunt after them being. In Foster care for 16 months in KY and she’s been trying to get them plus I was doing everything on my case plan and its always something else..she finally got them a week before Christmas…since then she’s put them in school …paid for everything out of pocket and has support there with other family members…the kids are happy and they said she wasn’t approved because her health because of depression. I don’t understand she feeds them, has a safe home and she’s never had a criminal background she’s retired from state of Texas…they are wanting her to bring them back to KY..they will adopt them out…I had a bad lawyer this whole time who seemed like he was more for the cabnient than me…we really are desperate for advice on what to do….they treat kids like possession than people with feelings…like they are returnables…this whole case has been bogus from the beginning…please if you can call my aunt and just give her some knowledge on what she can do to keep them because its Georgia that wnt..I just don’t think its right there’s three kids hearts at state…her name is Marian and her number is 8592306690…we just need advice…we are desperate

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  12. cj johnston says:

    My aunt is in Atlanta Georgia her cell phone is a KY number because she’s had it for years…I called the ombudsman today’ but it seems like their for cps ..I just don’t understand why Georgia would deny her considering she dosent have any kind of criminal background ..she retired from state of Texas..she’s got them in school..she feeds them provides them with a loving environment and Georgia told her she had till Friday to turn the rest of paperwork in..then they called her yesterday and told her she wasn’t approved ..they are wanting to put them back in Foster care after they was in for 16 months and she got a 30 day visit before Christmas ..these kids are so upset they don’t Want to go back..they took them out of my home put them on rittalin when there was no reason to but I know why because they get paid more if there considered special needs..please call her she would love to talk to you for advice we been looking at your site and you seem to know how to go about peoples rights against corruption of cps

    want to leave..they are happy…there’s something not right because if anyone was going to get relative placement it would be her….they don’t mind putting them with people that treat kids bad…my kids told my aunt alot the way the Foster parents treated them..also they took them out of my home because I was a poo

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  13. cj johnston says:

    Poor single mother…but please call and give her some advice or resources she can use..these kids don’t deserve to be in Foster then put with family just to have to be taken away again..its just not fair to them….the only reason I don’t got them is because I did everything but they had me do cats evaluation and it went agianst me and two weeks ago I found out the investigation sw. Her supervisor that didn’t like me and I thought had retired and moved out of state works there I just feel that’s conflict of interest

    Liked by 1 person

  14. Erin Isgar says:

    I live in California. My disabled 3 year old child was taken from me while I was severely temporarily disabled by Fresno County Children’s Services. They lied and falsified paperwork in order to keep my child. This happened in April 2010. I have since had my surgery and am now healed. I should be raising my last born child. I miss him terribly and know that no on can give him the compassion, patience, and understanding that I, as his mother, can. We had such a special bond and I, honestly, worry about his safety and well-being.
    Please, if you know of someone that can help me with this I would appreciate it.
    Thank you!
    Erin Isgar
    41866 Road 222 #2
    Oakhurst, Ca. 93644
    (559) 676-7315

    Like

  15. Steven and Summer Cannon says:

    Could you please contact me!! My youngest child who was 2 months old passed away in January of 2015…my husband and I separated due to this….dfcs
    Then opened a case and said it was mandatory…. My other 4 children remained in my custody until this past Feb when I was locked up for 6 weeks for child support. While I was in jail they took my kids from my husband because they said he had not complied with them after the death of our daughter… This is not true…he was never involved in my case plan…they are currently in foster care even after several attempts by family to get them. My boys are in one home where they are being abused. One is 8 the other 3…I have photos of huge bruises and reports from my boys of abuse. Our dfcs caseworker and the foster care agency have been made aware and told me they were being moved… They have not….my girls 9&5 are in another home and are infested with lice….are punished for not doing “chores”…. I visit with them once a week. I have been told my children were taken because my husband and I reconciled…. That in order for us to get them back we must follow our case plan which we still have not received… They were taken February 16…3 months ago…..please help me…my children are my life. There has never been any abuse or neglect on our part, but they are now subject to both….

    Like

    • gacoalition4childprotectionreform1 says:

      Do you have any of your paper work from court? or have you had any type of court hearings – I would like a timeline of the things that have happened in your case and for you to draft a declaration. I also would like a copy of the removal order and any other documentation from courts or whatever else you have. thanks.

      Like

  16. gacoalition4childprotectionreform1 says:

    email me directly at paigeroberts68@gmail.com

    Like

  17. Christine Whiting says:

    Please help, my grandchildren have been taken by Whitfield County DFACS. The judge told my daughter in law to divorce my son or lose their 2 children. Neither of them want a divorce and dfacs was to vacate their case on August 1, my daughter in law and grandchildren were visiting at my house and Whitfield County sent a court order from December 2015 and took my grandchildren. They worked their case plan, have jumped through every hoop and demand and the original reason they were taken by DFACS was false allegations and no investigation whatsoever. The CASA and case worker have led them to believe the kids would be returned home. I can not wrap my brain around the injustice of this. Please email me at dncbobber@gmail.com. thank you so much

    Like

    • gacoalition4childprotectionreform1 says:

      Hi Christine, sorry i haven’t gotten back to you sooner i will try and message you this weekend!!

      Like

  18. Nellie Price says:

    Can,t believe what they are doing to families!!!!!

    Like

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