IN RE CHELSEA B. ET AL. - Articles

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Posted by: Tanja Trezise on Nov 26, 2014

Court: TN Court of Appeals

Attorneys 1:

Gerald T. Eidson, Rogersville, Tennessee, for the appellant, Jennifer B.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, and Eugenia Izmaylova, 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 involving three minor children. In April 2012, temporary custody of the children was granted to the Tennessee Department of Children’s Services (“DCS”), and the children were placed in foster care. DCS subsequently filed a petition to terminate the parental rights of the mother and father on September 24, 2013. The petition alleged, as statutory grounds for termination, abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plans, persistent conditions, and severe child abuse. Following a bench trial, the trial court granted the petition as to the mother upon finding that DCS had proven by clear and convincing evidence the grounds of (1) abandonment by failure to provide a suitable home and (2) persistence of the conditions leading to removal. The court also found clear and convincing evidence that termination of the mother’s parental rights was in the children’s best interest. The mother has appealed.1 Discerning no error, we affirm.