In Re: Addison P., E2016-02567-COA-R3-PT

Child born Feb 2013; parents divorced and Father obtained temporary custody with Mother limited to supervised visitation conditioned on negative hair-follicle drug tests.
Mother had a long history of substance abuse, failed to provide required drug screens, and was arrested Oct 2013 for stealing drugs from Father’s police car; Family Court Services suspended supervised visits and required Mother to return to court to reinstate visitation.
Mother relapsed and violated probation in July 2014 and was incarcerated; Father and Stepmother filed a petition to terminate Mother’s parental rights while she was incarcerated.
At trial Mother produced negative drug screens only after the termination petition was filed and made minimal efforts during the relevant four-month period to regain visitation; she testified she did not return to court because she could not pass the required hair-follicle tests.
Trial court found clear and convincing evidence of abandonment by willful failure to visit (Tenn. Code Ann. § 36-1-102(1)(A)(iv)) and that termination was in the child’s best interest; this Court previously remanded to determine willfulness and, on remand, affirmed the willfulness finding and the best-interest determination.

Issue	Petitioners' Argument	Mother’s Argument	Held
Whether Mother’s failure to visit during the relevant four months was willful	Mother knew conditions for reinstatement (drug testing/court action) and voluntarily failed to satisfy them; her relapse and refusal/inaction show willfulness	Father and third‑party actions (Family Court Services’ suspension) and indigence frustrated her efforts to visit	Willful: affirmed. Court found Mother’s choices and failure to pursue court relief or testing established willfulness by clear and convincing evidence
Whether termination is in child’s best interest	Child is well‑bonded to Father/Stepmother, stable home; Mother’s recent sobriety is recent and unreliable given history and household risk factors	Mother argued her bond and ability to address bi‑racial identity support reunification	Best interest: affirmed. Court found factors (lack of meaningful relationship, stability with petitioners, drug history, household risks) favored termination

Troxel v. Granville, 530 U.S. 57 (parental rights are a fundamental liberty interest)
Stanley v. Illinois, 405 U.S. 645 (parental rights protected by due process)
Santosky v. Kramer, 455 U.S. 745 (higher burden of proof in termination cases)
In re Angela E., 303 S.W.3d 240 (parental rights are fundamental but not absolute)
In re Audrey S., 182 S.W.3d 838 (definition and analysis of willful failure to visit)
In re Carrington H., 483 S.W.3d 507 (standard of review and termination principles)