IN RE K.M.K. ET AL. - Articles

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Posted by: Tanja Trezise on Feb 27, 2015

Court: TN Court of Appeals

Attorneys 1:

Barrett T. Painter, Cleveland, Tennessee, for the appellant, K.M.K.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, and Ryan L. McGehee, Assistant Attorney General, Office of the Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge(s): SUSANO

K.M.K. (Father) appeals the trial court’s judgment terminating his parental rights to his son, K.M.K., and his daughter, K.M.K. (collectively, the Children). The petitioner, Department of Children’s Services (DCS), removed the Children from their mother’s home after it found them living in unsafe and unsanitary conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. Nine months later, DCS filed a petition to terminate the parental rights of both parents. The trial court terminated Father’s rights based upon findings of (1) abandonment, (2) substantial noncompliance with a permanency plan, and (3) persistence of conditions. The trial court also determined that termination is in the best interest of the Children. Father appeals. We affirm the judgment of the trial court as modified in this opinion. Those modifications do not affect the trial court’s decision to terminate Father’s parental rights, which ultimate decision we affirm.