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IN RE E.M.

No. A03A1454.

590 S.E.2d 241 (2003)

264 Ga. App. 277

In the Interest of E.M., a Child.

Court of Appeals of Georgia.

November 21, 2003.

Attorney(s) appearing for the Case

Joel N. Shiver, Athens, for appellant.

Thurbert E. Baker, Atty. Gen., William C. Joy, Senior Asst. Atty. Gen., Shalen S. Nelson, Asst. Atty. Gen., Ellison & Forester, Randall H. Forester, for appellee.

PHIPPS, Judge.

The father of a seven-year-old boy appeals an order of the Juvenile Court of Athens-Clarke County finding the child deprived and transferring custody of him to the Athens-Clarke County Department of Family and Children Services (DFCS). Because the evidence is insufficient to support a finding that the father has lost his right to custody of the child, we reverse.

Under OCGA § 15-11-2(8)(A), "[a] `deprived child' is one who is `without proper...

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