IN RE SCOTT H. - Articles

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Posted by: Landry Butler on Sep 30, 2016

Court: TN Court of Appeals

Attorneys 1:

Johnna I. Duke, Memphis, Tennessee, for the appellant, Jill H.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, and W. Derek Green, Assistant Attorney General, for the appellee, Tennessee Department of Children?s Services.

Judge(s): FRIERSON

This is a termination of parental rights case involving a ten-year-old child, Scott H. (“the Child”). On August 8, 2011, the Shelby County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children's Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child's mother, Jill H. (“Mother”), and his father, William H. (“Father”), on April 17, 2015. Following a bench trial, the trial court terminated Mother's parental rights to the Child after determining by clear and convincing evidence that (1) Mother failed to substantially comply with the requirements of the permanency plans, (2) the conditions that led to the removal of the Child from Mother's custody still persisted, and (3) Mother was mentally incompetent to adequately care for the Child. The trial court further found by clear and convincing evidence that termination of Mother's parental rights was in the best interest of the Child. Mother has appealed. Discerning no error, we affirm.