In re D. H.

Decided March 5, 1986

Court of Appeals of Georgia · decided 1986-03-05

Relies on 155 Ga. App. 371 - Jones v. Department of Human Resources · In re D. C. & J. T. C. · 157 Ga. App. 69 - Painter v. Barkley

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-05

How this case has been cited

Cited by 23 later decisions — most recently April 2008

23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McMurray, Presiding Judge,

¶1dissenting.

¶2I must respectfully dissent. I cannot accept the result reached by the majority, as in my view the juvenile court should be affirmed.

¶3In my view, the determination of deprivation is an exercise of discretion by the juvenile court and if based upon evidence, will not be controlled by this court absent abuse of discretion. See In re D. C. & J. T. C., 176 Ga. App. 30 (335 SE2d 148). No such abuse of discretion has been shown in this case. See Jones v. Dept. of Human Resources, 155 Ga. App. 371 (271 SE2d 27); Painter v. Barkley, 157 Ga. App. 69 (276 SE2d 850). See generally 36 Mer.L.Rev. 167, 175.

*127Decided March 5, 1986.L. Eddie Benton, Jr., for appellant.David A. Fox, for appellees.

¶4I am authorized to state that Judge Benham joins in this dissent.