IN RE: HAILY A. S. - Articles

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Posted by: Tanja Trezise on Jul 31, 2012

Court: TN Court of Appeals

Attorneys 1:

Jason F. Hicks, Cookeville, Tennessee, for the appellants, Marvin S. and Sandra S.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and, Alexander S. Rieger, Assistant Attorney General; for the appellee, the Tennessee Department of Children’s Services.

Judge(s): SWINEY

Mary G. (“Foster Mother”) filed a petition in the Chancery Court for Putnam County (“the Trial Court”) to adopt Haily A. S. (“the Child”) , then under the 1 guardianship of the Tennessee Department of Children’s Services (“DCS”). The Child’s paternal grandparents, Marvin S. and Sandra S. (“the Grandparents”), filed an intervening petition to adopt the Child and shortly thereafter filed a motion to intervene. DCS filed a motion to dismiss the Grandparents’ petition. After a hearing at which the parties’ respective counsels made their arguments, the Trial Court granted DCS’s motion to dismiss the intervening petition for adoption. The Grandparents appeal, arguing that the Trial Court should have permitted them to present evidence on the issue of the Child’s best interest. We hold that because DCS, the Child’s guardian, did not consent to the Grandparents’ adoption of the Child, the Grandparents’ intervening petition properly was dismissed. We affirm the judgment of the Trial Court.

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