IN RE: QUADAYVON H., ET AL. - Articles

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Posted by: Landry Butler on Sep 30, 2016

Court: TN Court of Appeals

Attorneys 1:

George E. Bennett, Seymour, Tennessee, for the appellant, Kevin H.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter and William Derek Green, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee, Department of Children’s Services.

John W. Stephenson, Guardian ad Litem.

Judge(s): GIBSON

This appeal involves the termination of a father’s parental rights to two of his children. The children’s mother’s rights were previously terminated. In 2010, the older child was adjudicated dependent and neglected due to his mother’s drug use; the father was incarcerated at the time. In 2012, both children were adjudicated dependent and neglected and removed from their mother’s home after an altercation involving the father and another child resulted in father’s arrest and mother’s arrest for drug use. In 2015, the Tennessee Department of Children’s Services filed a petition seeking to terminate the father’s parental rights on the statutory grounds of persistence of conditions and mental incompetence. The juvenile court found that both grounds were proved by clear and convincing evidence and also found by clear and convincing evidence that termination of the father’s rights was in the children’s best interests. The father appeals. We reverse.