IN RE CARTER B. - Articles

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Posted by: Landry Butler on Dec 12, 2017

Court: TN Court of Appeals

Attorneys 1:

Stacie Odeneal, Lawrenceburg, Tennessee, Guardian ad Litem for Carter B., appellant.

Attorneys 2:

Teresa P. Martin, Lawrenceburg, Tennessee, for the appellee, Melynda B.

Herbert H. Slatery, III, Attorney General and Reporter, and Alexander S. Rieger, Deputy Attorney General, for the appellee, State of Tennessee, Department of Children’s Services.

Judge(s): SUSANO

This case involves the custody of Carter B., a child adjudicated to be dependent and neglected. The Department of Children’s Services, after taking custody of the child, asked the trial court to approve a 90-day trial home visit in the home of the child’s maternal grandmother, pursuant to the provisions of Tenn. Code Ann. § 37-1-130(d) (Supp. 2017). The trial court granted the motion, finding a trial home visit to be in the child’s best interest. The court scheduled a review hearing at a time near the end of the 90-day period. The child’s guardian ad litem, Stacie Odeneal, who opposed the trial home visit, filed a notice of appeal. The child’s mother filed a motion to dismiss the appeal, arguing that the trial court’s order is not a final judgment. We hold the trial court’s order granting a temporary trial home visit is not a final judgment. Accordingly, the guardian ad litem’s appeal is dismissed.