IN RE DAMIAN M. and IN RE JAQUAN B. - Articles

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Posted by: Landry Butler on Sep 30, 2016

Court: TN Court of Appeals

Attorneys 1:

David C. Veazey, Chattanooga, Tennessee, for the appellant, Phyllis T.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and M. Cameron Himes, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Emily Beth Brenyas, Chattanooga, Tennessee, Guardian ad litem.

Judge(s): CLEMENT

This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County. The circuit court likewise found, by clear and convincing evidence, that the children were dependent and neglected and that the mother committed severe child abuse against the older child. The mother appeals the circuit court’s finding of severe child abuse. We have determined that the evidence clearly and convincingly supports the circuit court’s findings that the children are dependent and neglected, and that the mother severely abused the older child. Thus, we affirm.