Termination of Parental Rights in Georgia

A petition for the termination of parental rights in Georgia is primarily brought in juvenile court. In fact, juvenile courts have exclusive jurisdiction over termination proceedings except in the case of adoption, where the Superior Court shares concurrent jurisdiction. Because of the sensitive nature of termination proceedings, the petition must be verified and endorsed by the juvenile court before it is filed.

Once a petition for termination of parental rights is filed, the court will appoint an attorney to represent the child at issue. Unlike most civil proceedings, the court will also appoint an attorney for the parents if the parents can show they are indigent. This is because Georgia recognizes the gravity of terminating one’s parental rights, and prefers that all parties involved be represented by legal counsel.

In a termination proceeding, all notice requirements must be strictly complied with and a hearing must be scheduled within ninety days of the petition being filed. Importantly, the hearing is conducted without a jury, and it is up to a judge alone to determine whether to grant or deny a petition to terminate parental rights in Georgia.

Under the Georgia Code, O.C.G.A. § 15-11-94, a court may terminate the parental rights of a parent (1) if the parent consents in writing or voluntarily surrenders the child for adoption, (2) if the parent has willfully failed to comply with a child support order for twelve months or longer, (3) if the parent has abandoned the child, or (4) if the court determines parental misconduct or inability. A court will find parental misconduct or inability if it finds that four elements under O.C.G.A. § 15-11-94(b)(4)(A) are met. These four statutory elements are (1) the child is a deprived child, (2) there is a lack of proper parental care or control by the parent in question and this is the cause of the child’s status as deprived, (3) such cause of deprivation is likely to continue or will not likely be remedied, and (4) the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.

Courts in Georgia have a two-step procedure they must follow when determining whether to terminate parental rights because of parental misconduct or inability. First, the court must determine whether there is clear and convincing evidence of parental misconduct or inability. Georgia law provides a list of factors the court may look at, but it is by no means exhaustive. The list includes factors such as drug or alcohol abuse, conviction of a felony, abuse of the child, neglect of the child, and injury or death to a sibling resulting from parental neglect or abuse. If the child is not in the custody of the parent whose rights are at issue, the court will also look at whether the parent, usually for at least one year prior to the petition being filed, failed significantly to develop a parental relationship with the child, to provide for the child as required by law or judicial decree, or to comply with a reunification plan.

Once a court determines that there is parental misconduct or inability, it must then determine whether it is in the best interest of the child to terminate the parental rights of the parent at issue. As with other issues involving children in Georgia, the court has broad discretion here. If a parent has been convicted of the murder of the child’s other parent, there is a presumption that termination of parental rights is in the best interest of the child.

The law lays out this detailed approach to terminating parental rights in Georgia because the law favors keeping children with their parents. An order terminating parental rights forever terminates the rights and obligations of the parent at issue. It is not something that can be undone, so Georgia courts are very careful to make sure they make the right decision. When these cases are appealed, the juvenile court’s order is reviewed on the “any evidence” standard, which means that if there was any evidence to support the ruling, it will be upheld. This standard makes it rare that an appeal will succeed.

When a Georgia court terminates the parental rights of a parent, the court must determine where to place the child. Courts will look to other blood relatives, the Department of Human Resources, other licensed child placing agencies, or foster homes. As with most other Georgia family law standards, the overriding concern for courts is the “best interest of the child.” When it appears that an adoption is unlikely and the child’s options are limited, a court may opt not to terminate parental rights even if there is parental misconduct.