Background
A juvenile court terminated Steven St. John’s parental rights to R. P. M., a minor child. St. John moved for a new trial, and the juvenile court denied that motion.
St. John then filed a direct appeal from the termination order. He also filed an application for discretionary review, docketed separately as Case No. A27D0009.
The Court’s Holding
The Court of Appeals of Georgia dismissed the direct appeal for lack of jurisdiction. Under OCGA § 5-6-35(a)(12) and (b), appellate review of an order terminating parental rights must be sought through an application for discretionary review.
The court held that compliance with the discretionary-appeal procedure is jurisdictional. Because St. John pursued this case as a direct appeal, the court could not consider it, notwithstanding his separately docketed discretionary-review application.
Key Takeaways
- Appeals from orders terminating parental rights require an application for discretionary review.
- The discretionary-appeal requirement is jurisdictional in Georgia.
- A direct appeal from a parental-rights termination order must be dismissed when that procedure is not followed.
Why It Matters
The order underscores that the method of seeking appellate review can be dispositive in termination-of-parental-rights cases. Counsel must use the discretionary-review process prescribed by OCGA § 5-6-35 to obtain appellate review.