IN RE STEPHEN B. ET AL. - Articles

All Content

Posted by: Tanja Trezise on Jul 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Jordan Long, Knoxville, Tennessee, for the appellant, Tammy S.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, and Leslie Curry, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge(s): FRIERSON

This is a termination of parental rights case focusing on the minor children (“the Children”) of Tammy S. (“Mother”). Upon order of the Campbell County Juvenile Court entered September 19, 2011, the Children were taken into emergency protective custody by the Tennessee Department of Children’s Services (“DCS”) due to unsanitary conditions in the family home and concerns regarding inappropriate supervision and medical neglect of one of the Children. DCS filed a petition seeking to terminate Mother’s parental rights on July 11, 2012. The petition alleged several statutory grounds for termination, including abandonment based on willful failure to visit the Children, abandonment based on failure to provide a suitable home, persistent conditions, and substantial noncompliance with the permanency plan. Following a bench trial conducted October 4, 2012, the trial court terminated Mother’s parental rights after finding by clear and convincing evidence that (1) Mother had abandoned the Children due to her failure to provide a suitable home, (2) Mother had failed to substantially comply with the permanency plan, and (3) the conditions leading to the Children’s removal persisted. The trial court further found that termination of Mother’s parental rights was in the Children’s best interest. Mother has appealed. We affirm.