In the Interest of K. C. O.

Deen, Presiding Judge.

1. The mother urges that the motion to dismiss the petition for failure to state a claim should have been granted. This is based upon the fact that she did not have legal custody of the child and that if the child were "deprived” it was not at her hands. Of course, the reason why she did not have custody at the time of the hearing on termination of her parental rights is that the juvenile court had made a prior (and apparently uncontested) finding that K. C. O. was a "deprived child” and granted temporary custody to the Department of Family & Children Services. That a…