IN RE ISABELLA G. ET AL. - Articles

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Posted by: Landry Butler on Oct 3, 2017

Court: TN Court of Appeals

Attorneys 1:

Carl Moore, Murfreesboro, Tennessee, for the appellant, Kimberly N.

Attorneys 2:

Brandon M. Booten, Murfreesboro, Tennessee, for the appellant, Daniel G.

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

Judge(s): MCBRAYER

Parents appeal the termination of their parental rights to their two children. The juvenile court found clear and convincing evidence of five grounds against the father and three grounds against the mother and that termination of parental rights was in the children’s best interest. DCS concedes on appeal that persistence of conditions was not an appropriate ground for terminating mother’s parental rights and that abandonment by failure to visit was not an appropriate ground for terminating father’s parental rights. We agree. As to the remaining grounds, we conclude that DCS failed to prove abandonment by failure to provide a suitable home and persistence of conditions as to the father. But the record contains clear and convincing evidence to support the grounds of abandonment for wanton disregard for the welfare of the children and substantial noncompliance with the requirements of the permanency plans as to both parents. We further conclude that the record contains clear and convincing evidence that termination is in the children’s best interest. Thus, we affirm the termination of parental rights.