IN RE J.T. ET AL. - Articles

All Content

Posted by: Landry Butler on May 10, 2018

Court: TN Court of Appeals

Attorneys 1:

Jennifer L. Honeycutt, Nashville, Tennessee, for the appellant, B.B.

Attorneys 2:

Steven Hooper, Waverly, Tennessee, for the appellant, J.T.

Herbert H. Slatery III, Attorney General and Reporter, and W. Derek Green, Assistant Attorney General, Nashville, Tennessee, for the appellee, Tennessee Department of Children’s Services.

Judge(s): SUSANO

In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the parental rights of B.B. (mother) and J.T. (father) with respect to J.T., Jr. and H.T. (the children). The trial court determined that clear and convincing evidence supported two grounds for termination: (1) substantial noncompliance with a permanency plan; and (2) persistence of conditions. By the same quantum of proof, the court determined that termination is in the best interest of the children. We vacate the trial court’s judgment with respect to the ground of persistence of conditions. As modified, we affirm the trial court’s judgment terminating the parental rights of the parents because termination is supported by clear and convincing evidence of substantial noncompliance with a permanency plan and is in the best interest of the children.