Opinion
A22A0228
06-02-2022
IN THE INTEREST OF A. D., A CHILD.
The Court of Appeals hereby passes the following order:
Appellants Jesse and Courtenay Boland are A. D.'s foster parents. They appeal from the juvenile court's order terminating the parental rights of A. D.'s biological parents and awarding permanent custody of A. D. to the Department of Family and Children Services ("DFCS") to be placed for adoption with a new foster family. Appellants challenge various aspects of the juvenile court's ruling with respect to A. D.'s permanent disposition. However, Appellants lack standing and cannot maintain this appeal.
It is well settled that "only a party to the case can appeal from a judgment, or one who has sought to become a party as by way of intervention and has been denied the right to do so." (Citation and punctuation omitted.) Ford v. Reddick, 319 Ga.App. 482, 482-483 (1) (735 S.E.2d 809) (2012). See also OCGA § 15-11-19 (a). Here, there is no indication in the record that Appellants were parties to the case below or that Appellants moved to intervene in the case.
Nor do Appellants have standing to appeal on the basis that they are "aggrieved" by the challenged ruling. See Caruthers v. Chan, 354 Ga.App. 826, 827 (1) (841 S.E.2d 475) (2020) (non-party had standing to challenge judgment because she was "directly aggrieved by the decision"); In the Interest of J.R.P., 287 Ga.App. 621, 622 (1) (652 S.E.2d 206) (2007) ("[A] person may only challenge a ruling which has adversely affected his or her own rights.") (citations and punctuation omitted). Appellants were not awarded legal custody or guardianship of A. D., and A. D.'s placement with Appellants for foster care did not operate to transfer custody from DFCS to Appellants. See Dept. of Human Servs. v. Duncan, 351 Ga App. 332, 338 (831 S.E.2d 4) (2019) (Department of Human Services retains legal custody of children it places in foster homes). Moreover, as foster parents, Appellants do not have a right either to custody of or to adopt A. D. See Owen v. Watts, 303 Ga.App. 867, 869 (2) (695 S.E.2d 62) (2010) ("Georgia law provides no right for foster parents to adopt.").
Accordingly, Appellants lack standing to maintain this appeal, which is hereby DISMISSED.