IN THE MATTER OF ABIGAIL F. K. - Articles

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Posted by: Tanja Trezise on Sep 14, 2012

Court: TN Court of Appeals

Attorneys 1:

John Allen Brooks, Chattanooga, Tennessee for Respondent/Appellant J.R.K.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Shanta J. Murray, Assistant Attorney General Nashville, Tennessee for Petitioner/Appellee State of Tennessee Department of Children’s Services

Judge(s): KIRBY

This appeal concerns the termination of parental rights. The subject child is the eighth born to the appellant mother. The appellant mother failed a prenatal drug screen prior to the birth of the child at issue, so the appellee Tennessee Department of Children’s Services took the child into protective custody three days after birth. A permanency plan was adopted and the mother made efforts to comply with her permanency plan responsibilities. The Department filed a petition to terminate the mother’s parental rights as to this child. The juvenile court terminated the mother’s parental rights based on the grounds of substantial noncompliance with the permanency plan and persistence of conditions. The mother now appeals only as to the grounds for termination. We reverse as to the ground of substantial noncompliance with the permanency plan but affirm as to the ground of persistent conditions. On that basis, we affirm the termination of parental rights.

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