Legal Opinion · Dissent

In the Interest of J. E.

Court of Appeals of Georgia

Decided March 30, 2011No. A10A2363Published

1DissentDillard, Judge

Today, we rightly disapprove our prior whole-court decision in In the Interest of J. K., in which we held that the “only logical inquiry” in evaluating whether a child’s continued deprivation will cause or is likely to cause that child serious harm — within the meaning of OCGA § 15-11-94 (b) (4) (A) (iv) — is whether “the child would be harmed if returned to the parent’s care and control, associated environment, and state of deprivation.”1 Specifically, the majority holds that J. K. is “disapproved” to the extent that this decision can be read as “rejecting any inquiry into the child’s…

2Cases cited47 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Troxel v. GranvilleSupreme Court of the United States · 2000
  4. Wisconsin v. YoderSupreme Court of the United States · 1972
  5. Meyer v. NebraskaSupreme Court of the United States · 1923

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