IN RE BROOKLYN S., ET AL. - Articles

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Posted by: Barry Kolar on Dec 27, 2017

Court: TN Court of Appeals

Attorneys 1:

Peter Trenchi, III, Sewanee, Tennessee, for the appellant, Miranda S.1

Attorneys 2:

Cailtyn Marie Callaway, Decherd, Tennessee, for the appellee, Bryan P.

Sandra I. Schefcik, Estil Springs, Tennessee, for the minor children, Brooklyn S. and Dustin S.

Judge(s): CLEMENT

This is a dependent and neglect action in which the mother of three minor children appeals the circuit court’s finding that her children were subjected to severe abuse and that she “either committed the severe abuse herself, or knowingly failed to protect her four month old infant from the severe abuse that led to his death.” Mother contends the circuit court erred by allowing three grandparents who intervened in the juvenile court proceedings to fully participate as parties in the circuit court proceedings. She further contends the circuit court failed to conduct a true de novo hearing following her appeal from the juvenile court, and that the circuit court erred by admitting the transcripts from the juvenile court hearings into evidence. We affirm the trial court in all respects but one. We find the evidence insufficient to clearly and convincingly establish that Mother committed the severe abuse herself; however, we affirm the circuit court’s ruling that Mother committed severe child abuse by knowingly failing to protect Hunter from the severe abuse that led to his death.