IN RE VICTORIA W. ET AL. - Articles

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IN RE VICTORIA W. ET AL.

Posted by: Tanja Trezise on May 30, 2014

Court: TN Court of Appeals

Attorneys 1:

Emeterio “Terry” R. Hernando, Lewisburg, Tennessee, for the appellant, Marie W.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, Mary Byrd Ferrara, Assistant Attorney General, and Derek C. Jumper, Nashville, Tennessee, for the appellee, State of Tennessee Department of Children’s Services.

Judge(s): CLEMENT

Mother appeals the termination of her parental rights as to her two children. Father’s rights were also terminated, but he does not appeal. The court found the Department of Children’s Services established three grounds for termination of mother’s parental rights: 1) severe child abuse pursuant to Tennessee Code Annotated § 36-1-113(g)(4); 2) mental incompetence pursuant to Tennessee Code Annotated § 36-1-113(g)(8)(B); and 3) persistence of conditions pursuant to Tennessee Code Annotated § 36-1-113(g)(3). In a previous dependency and neglect proceeding, the Lincoln County Juvenile Court found that Mother committed severe child abuse by failing to protect her minor daughter from sexual abuse by a neighbor. That judgment was not appealed; as a consequence, the severe abuse findings are res judicata. Pursuant to Tennessee Code Annotated § 36-1-113(g)(4), a court may terminate parental rights when the parent was found to have committed severe child abuse under any prior order of a court. The court also found that the Department had proven two additional grounds, mental incompetence and persistent conditions. The juvenile court also found that termination of both parents’ rights was in the children’s best interest. We therefore affirm.

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