All Content

Posted by: Suzanne Craig Robertson on Oct 22, 2014

Court: TN Court of Appeals

Attorneys 1:

Mark A. Free, Columbia, Tennessee, for the appellant, Vanessa G.

Attorneys 2:

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

Judge(s): MCBRAYER

This appeal arises from the termination of Mother’s parental rights. After a five-year cycle of removal and failed reunification attempts, the juvenile court awarded temporary custody of the child to the State in 2009, and shortly thereafter, ordered that Mother have no visitation or contact with her child. The court later ratified a permanency plan, but nearly two years later, the Tennessee Department of Children’s Services petitioned to terminate Mother’s parental rights. Following a trial, the juvenile court entered an order terminating Mother’s parental rights on the grounds of: (1) substantial noncompliance with the permanency plan; (2) persistence of the conditions that led to the child’s removal; and (3) incompetency to adequately provide for the further care and supervision of the child. Mother appeals two of the three grounds for termination and the court’s determination that termination was in the best interest of the child. We affirm.