IN RE D’VANTE P. - Articles

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Posted by: Brittany Sims on May 5, 2014

Court: TN Court of Appeals

Attorneys 1:

David K. Calfee, Cleveland, Tennessee, for the appellant, Ashley C.

Attorneys 2:

Robert C. Cooper, Jr., Attorney General and Reporter, and Alexander S. Rieger, 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 D’Vante P., the minor child (“Child”) of Ashley C. (“Mother”) and Sylvester P. (“Father”). The Child was taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) on October 27, 2010, following investigation of lack of supervision in the home. On October 10, 2012, DCS filed a petition to terminate the parental rights of both parents. The proceeding to terminate Father’s parental rights subsequently became a separate action, and Father is not a party to this appeal. Following a bench trial conducted on July 15, 2013, the trial court granted the petition as to Mother upon the court’s finding, by clear and convincing evidence, that (1) Mother had failed to substantially comply with the permanency plans and (2) the conditions causing the removal of the Child into protective custody persisted. The court further found, by clear and convincing evidence, that termination of Mother’s parental rights was in the Child’s best interest. Mother has appealed. Discerning no error, we affirm.