IN RE MALAYA B., ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on May 24, 2016

Court: TN Court of Appeals

Attorneys 1:

Ben H. Houston II, Knoxville, Tennessee, for the appellant, Jasmine C.B.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, and Kathryn A. Baker, 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. Mother’s two children were removed from Mother on an emergency basis. A court later adjudicated the children dependent and neglected based on the stipulation of Mother. After the children had been in State custody for nearly eight months, the Department of Children’s Services petitioned to terminate Mother’s parental rights. Following a trial, the juvenile court found that two statutory grounds existed to terminate Mother’s rights—substantial noncompliance with the permanency plan and persistent conditions. The court also concluded that the termination of Mother’s parental rights was in the children’s best interest. Mother appeals, arguing that the evidence was not clear and convincing that there were statutory grounds for termination or that termination was in the children’s best interest. We affirm.