IN RE M.E.N.J., ET AL. - Articles

All Content

Posted by: Barry Kolar on Dec 27, 2017

Court: TN Court of Appeals

Attorneys 1:

Ben H. Houston, II, Knoxville, Tennessee, for the appellant, M.L.D.N.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter, and Michael C. Polovich, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge(s): SUSANO

This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of M.L.D.N. (mother) with respect to her first- born child, M.E.N.J. While that petition was pending, mother had a second child. The guardian ad litem for the two children later filed a petition to terminate the parental rights of mother with respect to her second-born child, M.A.L.D.1 The trial court found clear and convincing evidence supporting the termination of mother’s rights with respect to both children based on three grounds. The court found (1) substantial noncompliance with a permanency plan; (2) persistence of conditions that led to removal of the children; and (3) failure to manifest an ability and willingness to personally assume custody or financial responsibility of the children. The trial court also found clear and convincing evidence that termination is in the best interest of the children. Mother appeals. We affirm.