IN RE ROBERT D. ET AL. - Articles

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Posted by: Tanja Trezise on Jan 17, 2014

Court: TN Court of Appeals

Attorneys 1:

John R. Williams, Crossville, Tennessee, for the appellant, Sandra W.

Attorneys 2:

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

Judge(s): FRIERSON

This is a termination of parental rights action focusing on the two minor children (“the Children”) of mother, Sandra W. (“Mother”). A termination petition was filed by the Tennessee Department of Children’s Services (“DCS”) after the third custody proceeding involving the Children. The petition alleges the statutory grounds of abandonment, substantial noncompliance with the permanency plans, and persistent conditions. Following a bench trial, the trial court granted the petition upon its findings, by clear and convincing evidence, that (1) Mother had abandoned the Children, (2) Mother had failed to substantially comply with the permanency plans, and (3) the conditions leading to removal still persisted. The court further found, by clear and convincing evidence, that termination of Mother’s parental rights was in the Children’s best interest. Mother has appealed. We affirm.