IN RE AIDEN R., ET AL. - Articles

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IN RE AIDEN R., ET AL.

Posted by: Chandra Williams on Jun 23, 2016

Court: TN Court of Appeals

Attorneys 1:

Marsha Arnurius, Johnson City, Tennessee, for the appellant, Guardian ad Litem.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, and M. Cameron Himes, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services. Randall D. Fleming, Kingsport, Tennessee, for the appellee, Joseph G. Nicholas A. Schaefer, Kingsport, Tennessee, for the appellee, Mary R.

Judge(s): MCBRAYER

This case arises from the dismissal after trial of a petition to terminate the parental rights of a mother and father. The juvenile court concluded that, although the Department of Children’s Services had proven grounds for terminating the parents’ rights, termination was not in the best interest of the children. On appeal, we find the Department of Children’s Services did not prove by clear and convincing evidence statutory grounds for termination of the father’s rights. We further find clear and convincing evidence supports only two statutory grounds for terminating the mother’s rights. Because clear and convincing evidence does not support a finding that termination would be in the children’s best interest, we affirm the decision of the juvenile court to dismiss the petition to terminate parental rights.

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