IN RE K.N.B., ET AL. - Articles

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Posted by: Tanja Trezise on Sep 30, 2014

Court: TN Court of Appeals

Attorneys 1:

Kenneth E. Hill, Kingsport, Tennessee, for the appellant, R.H.R.

Attorneys 2:

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

Polly A. Peterson, Johnson City, Tennessee, Guardian ad litem.

Judge(s): SUSANO

R.H.R. (“Father”) appeals the trial court’s judgment terminating his parental rights to his daughter, K.N.B., and to another child, S.M.J. (collectively “the Children”). Father is the putative biological father of S.M.J. The Department of Children’s Services (“DCS”) removed the Children and two half-siblings from their mother’s home and placed them in protective custody after police discovered them living in deplorable conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. A year and a half later, DCS filed a petition to terminate parental rights. After a bench trial, the court terminated Father’s parental rights to K.N.B. based on the court’s finding that abandonment grounds were proven by clear and convincing evidence. As to S.M.J., the court terminated Father’s rights based upon his failure to establish paternity. The trial court further found, also by clear and convincing evidence, that termination is in the best interest of the Children. Father appeals. He argues, with respect to S.M.J., that the evidence is insufficient. With respect to K.N.B., he asserts that he was incarcerated during a portion of the four-month period immediately preceding the filing of the petition to terminate and, consequently, DCS and the trial court erred in relying upon that four-month period in assessing the grounds of willful failure to visit and willful failure to support. He does not contest the trial court’s best-interest determination. We affirm as to the child S.M.J. and reverse as to K.N.B.