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IN THE INTEREST OF N. J. W.6/26/1998
Alton Wooten appeals the juvenile court's termination of his parental rights to N. J. W., A. W. III, J. D. K., and R. W., claiming that the evidence was insufficient to support the termination. We affirm.
"On appeal, this Court must determine whether, after reviewing the evidence in a light most favorable to the lower court's judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent's rights to custody have been lost. This Court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court's factfinding and affirm unless the appellate standard is not met." (Citation and Punctuation.) In the Interest of V. S., 230 Ga. App. 26, 27 (495 S.E.2d 142) (1997).
In February 1994, while the Wooten family was living in Monroe County, A. W. III swallowed some hot ashes and damaged his trachea. The family subsequently moved to Butts County, and the Butts County Department of Family & Children Services ("DFACS") first came into contact with the Wooten family in June 1994, when it received a report that A. W. III's parents were not giving him proper medical attention, i.e., that he was not keeping his appointments with the nurse and he wasn't getting his medication. The case was confirmed for medical neglect and DFACS also found that the home was unsanitary. There was dog feces in the house and the home was dirty. Emergency custody of A. W. III was granted to DFACS until the parents cleaned up the home. A. W. III was then placed back in the home. The family was unable to pay their rent and utilities because of Mr. Wooten's sporadic employment. DFACS assisted the Wootens in payment of their rent and utilities and provided counseling services and parenting aid services in the home. The case was closed in June 1995.
In August 1995, DFACS received a report that the children were not receiving proper medical attention, i.e., R. W. was reported to have severe diaper rash and J. D. K. had an untreated dog bite on his face. It was reported that there was no food in the home and that there was drug use in the home. DFACS found that R. W. did, in fact, have a severe diaper rash and that J. D. K. had been bitten by a dog. A. W. III's immunization shots had not been updated. DFACS instructed the parents to take J. D. K. and A. W. III to the doctor. The house was filthy and DFACS instructed the parents to clean it.
In October 1995, DFACS received a report that R. W. had severe diaper rash, the children were improperly dressed for the weather, and there was drug use in the home. The investigation revealed that
R. W. did, in fact, have a severe diaper rash. The family moved to another home in Butts County during this time, and the case was closed and unconfirmed for neglect.
In January 1996, DFACS again received a report that the home was dirty, the children had head lice, the children were dirty, N. J. W. was not attending school, and the children were sick. The investigation revealed that the children were sick and had not been taken to a doctor, the children had been wearing the same clothing for several days, and the home was very dirty and unsafe.
During its investigation of the January 1996 report, DFACS received another report on February 1, 1996. N. J. W. was attending school dirty, smelling of fecal matter, and hungry. It was reported that N. J. W. was falling asleep in class. The case was opened for services, and a safety plan was developed with the parents which advised them to take the children to the doctor. Eight days passed before the parents complied with the safety plan and took the children to the doctor.
Subsequently, in Feb
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