IN RE KAYLA B., ET AL. - Articles

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Posted by: Landry Butler on Feb 1, 2017

Court: TN Court of Appeals

Attorneys 1:

Cynthia Fields Davis, Crossville, Tennessee, for the appellant, Brandie V.

Attorneys 2:

Jeffrey A. Vires, Crossville, Tennessee, for the appellant, Allen S.

Herbert H. Slatery III, Attorney General and Reporter, and Brian A. Pierce, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

Judge(s): MCBRAYER

This appeal involves the termination of a mother’s parental rights to six children and a father’s parental rights to three of those children. The juvenile court found clear and convincing evidence of five grounds for termination of parental rights and that termination of parental rights was in the children’s best interest. We conclude that DCS did not prove abandonment by an incarcerated parent by clear and convincing evidence. Because the record contains clear and convincing evidence to support four grounds for termination, namely, abandonment by failure to provide a suitable home, substantial noncompliance with the requirements of the permanency plan, persistence of conditions, and severe child abuse, and that termination is in the best interest of the children, we affirm.