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Lawskills.com Georgia Caselaw
COX v. DEPARTMENT OF HUMAN RESOURCES.
58099.
CARLEY, Judge.
Parental rights. Clayton Juvenile Court. Before Judge Glaze.
Appellant, the natural father of a two-year-old child, appeals from the order of the juvenile court terminating his parental rights to the child.
2. We likewise find non-meritorious appellant's contention that the trial court erred in allowing the department's representative to testify as to her opinion concerning appellant's ability to care for the two-year-old child. The representative whose opinion was attacked testified that she had known appellant for about ten years and that she had personally observed him many times, including at least five separate occasions during the year immediately preceding the hearing in this case. This court has held that "it is well settled that when the subject matter of any inquiry relates to numerous facts perceived by the senses, from a series of instances passing under the observation of a witness, or to a variety of circumstances and a combination of appearances, which, under the limitation of language, cannot be adequately described and presented to the jury with the same force and clearness as they appeared to the witness, the witness, may state his impressions drawn from, and opinions, based upon, the facts and circumstances observed by him or the effect which they produced upon his mind." In the interest of Gwen Smith, 143 Ga. App. 358, 360 (238 SE2d 725) (1977). The representative's testimony was properly admitted.
Although it is indisputable that termination of parental rights is a severe measure, the record is replete with evidence supporting the trial court's conclusion that the appellant, "because of his age, his physical condition, and because of his inability to understand basic parental skills, would be unable to provide the child with proper parental care and control, and the proper subsistence necessary for his physical, mental and emotional health." See Wynn v. Dept. of Human Resources, 149 Ga. App. 559 (254 SE2d 883) (1979).
We are constrained to observe that this is the second appeal before this court involving this appellant and placing in issue the termination of his parental rights. In Cox v. Dept. of Human Resources, 148 Ga. App. 43 (250 SE2d 839) (1978), we affirmed the juvenile court's termination of the rights of appellant and his wife to an older daughter. Although this case is separate, the issue distinct and the justification for termination necessarily confined to the merits sub judice, we think that the record demands affirmance of the trial court's order because, as before, "[i]t is clear from the record in this case that the trial court applied the appropriate standards of Code Ann. 24A-401 (h) and 24A-3201 (a) (2). The determination of the trial court that the child here involved is deprived and that the causes and conditions of that deprivation are likely to continue was supported by the evidence and will not be disturbed. Roberts v. State of Ga., 141 Ga. App. 268 (233 SE2d 224)." Cox v. Dept. of Human Resources, supra, 47. The findings and conclusions of the juvenile court are adequately supported by the record and we find no error. Wynn v. Dept. of Human Resources, supra.
Joseph M. Todd, for appellant.
SUBMITTED JULY 2, 1979 -- DECIDED SEPTEMBER 7, 1979.
Friday May 22 02:12 EDT


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