IN RE MIRACLE M. ET AL. - Articles

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Posted by: Landry Butler on Aug 31, 2017

Court: TN Court of Appeals

Attorneys 1:

James Franklin, Jr., Memphis, Tennessee, for the appellant, Jeremiah M.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and Jordan K. Crews, Assistant Attorney General, for appellee, Tennessee Department of Children’s Services.

Judge(s): GOLDIN

This is a termination of parental rights case. The trial court terminated Appellant Father’s parental rights to two minor children. The trial court found that clear and convincing evidence supported termination based on the statutory grounds of abandonment by willful failure to support, abandonment by willful failure to visit, and persistence of the conditions that led to the children’s removal to state custody. The trial court also found, by clear and convincing evidence, that termination of the Father’s parental rights was in the children’s best interests. Father appeals. As to the ground of persistence of conditions, we conclude that the Department of Children’s Services (“DCS”) has not met its burden of proof, and therefore we reverse termination of Father’s parental rights on this ground. The Court affirms the juvenile court’s termination of Father’s parental rights on the grounds of abandonment by willful failure to support and abandonment by willful failure to visit.