IN RE MICKIA J. - Articles

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Posted by: Barry Kolar on Sep 19, 2016

Court: TN Court of Appeals

Attorneys 1:

Sarah J. Watson, Knoxville, Tennessee, for the appellant, Michael S.

Attorneys 2:

Jennifer L. Chadwell, Oak Ridge, Tennessee, for the appellees, Krista J. and Billy J.

Judge(s): ARMSTRONG

This is a termination of parental rights case. Appellant/Father appeals the termination of his parental rights on the sole ground of persistence of the conditions that led to the child’s removal. Tenn. Code Ann. §36-1-113(g)(3). As a threshold requirement, in order for the persistence of conditions ground to apply in termination of parental rights proceedings, there must be a prior order adjudicating the child to be dependent and neglected. No such order is included in the appellate record. Furthermore, it is undisputed that Appellant was incarcerated at the time the child was removed from the home. Removal of the child from the parent’s home is a threshold requirement for applicability of the persistence of conditions ground. Because there is no order on dependency and neglect and because the child was not removed from Appellant’s custody or home, we conclude that the threshold requirements for applicability of the persistence of conditions ground are not met in this case. Reversed and remanded.

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