IN RE D.W.M., Jr. - Articles

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Posted by: Stacey Shrader Joslin on May 13, 2014

Court: TN Court of Appeals

Attorneys 1:

David K. Calfee, Cleveland, Tennessee, for Respondent/Appellant, D.W.M., Sr.

Attorneys 2:

Sally C. Love, Cleveland, Tennessee, for Respondent/Appellant, J.A.B.

Robert E. Cooper, Jr. and Leslie Curry, Nashville, Tennessee, for Petitioner/Appellee, Tennessee Department of Children’s Services.

Judge(s): KIRBY

This appeal involves termination of parental rights. While she was pregnant, the mother of the child at issue made threats to harm herself and the unborn child. Both of the parents are mentally impaired. The mother has other serious disorders as well, and the father is a registered sex offender. The state took the child into protective custody four days after the child was born. The Tennessee Department of Children’s Services filed a petition to terminate the parental rights of both parents on grounds of mental incompetence and persistent conditions. After a trial, the trial court found by clear and convincing evidence that the Department of Children’s Services had established grounds for termination and that termination of parental rights was in the child’s best interest. Discerning no error, we affirm.