IN RE HOMER D., ET AL. - Articles

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Posted by: Landry Butler on Mar 9, 2018

Court: TN Court of Appeals

Attorneys 1:

Matthew S. Bailey, Sparta, Tennessee, for the appellant, Sarah R. P. B.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and Brian A. Pierce, Assistant Attorney General, for appellees, Bryan C. D. and Tennessee Department of Children’s Services.

Judge(s): GOLDIN

This is a termination of parental rights case. The trial court terminated Appellant’s parental rights on the grounds of: (1) abandonment by willful failure to support; (2) persistence of the conditions that led to the children’s removal; and (3) substantial noncompliance with the requirements of the permanency plans. The trial court also found that termination of Appellant’s parental rights was in the children’s best interest. On appeal, the Tennessee Department of Children’s Services concedes that the persistence of conditions ground is not applicable to Appellant. We agree and accordingly reverse the trial court’s reliance on that ground for termination. Although we also reverse the trial court’s finding of abandonment, because it is only necessary that one ground for termination be established, the trial court’s termination order is otherwise affirmed.