In Re CALEB L.C., 2011 Tenn. App. LEXIS 225

Dependency and neglect case in Tennessee; mother deceased, father with history of domestic violence; juvenile and circuit courts found Caleb dependent and neglected and awarded custody to maternal uncle and wife; de novo circuit court proceedings conducted August–November 2009; circuit court found clear and convincing evidence of dependency and neglect and awarded custody to Redmonds with supervised visitation; father timely appealed to the Court of Appeals; this Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred in finding dependency and neglect	Cregg C. argues lack of clear and convincing evidence	Redmonds contend evidence supports dependency/neglect	Yes, supported by clear and convincing evidence
Whether there was impermissible delay in the proceedings	Delay prejudiced father	Delay non-prejudicial or directory; no statutory deadline breached	No reversible prejudice; delay not fatal to due process
Whether holding adjudicatory and dispositional proof at the same hearing was improper	Circuit court violated separation of phases	Statutes allow same hearing with later disposal step	Permissible; no reversible error
Whether the evidence supports placement with Redmonds as best custodial arrangement	Best interests require reunification with father	Redmonds provide stable home; Father dangerous; best interests with Redmonds	Supported; Redmonds designated primary custodians

In re Valentine, 79 S.W.3d 539 (Tenn. 2002) (clear and convincing standard requires high probability of truth)
In re M.L.P., 228 S.W.3d 139 (Tenn. Ct. App. 2007) (clear and convincing standard in D&N cases)
In re Hannah S., 324 S.W.3d 520 (Tenn. Ct. App. 2010) (perm. app. denied; de novo review framework for D&N)
In re Adoption of A.M.H., 215 S.W.3d 793 (Tenn. 2007) (credibility and de novo review guidance)
McCaleb v. Saturn Corp., 910 S.W.2d 412 (Tenn. 1995) (credibility determinations given deference on appeal)