In Re Isaiah L.
340 S.W.3d 692
| Tenn. Ct. App. | 2010Background
- Isaiah L. was born August 2, 2003, and DCS previously took custody of him due to Mother's history with DCS.
- Mother regained custody in May 2004; Isaiah had developmental delays and received therapies and services (HUGS, Centerstone).
- On November 4, 2008, in a shoe store parking lot, Mother allegedly hit Isaiah while attempting to control him; an off-duty DCS employee witnessed the incident.
- DCS investigated; Isaiah had fresh marks; Mother denied hitting him and suggested Father might be responsible; Isaiah affirmed that Mother did it.
- Juvenile Court found abuse and that Isaiah was dependent and neglected; the petition was appealed to the Circuit Court, which conducted a de novo trial.
- Circuit Court found by clear and convincing evidence that Mother abused Isaiah and that Isaiah was dependent and neglected; Mother appeals, and the Court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of schizophrenia cross-exam evidence | Mother argues cross-exam mentions of her schizophrenia diagnosis were inadmissible hearsay. | DCS contends such testimony was relevant to credibility and tied to disability status. | Harmless error; credibility impact insufficient to reverse. |
| De novo trial and Juvenile Court order as exhibit | Mother contends the Juvenile Court’s order should not be admitted as trial exhibit to avoid undue weight. | DCS argues the circuit must review de novo and may consider the Juvenile Court record; exhibit aids accessibility. | Proper; circuit court properly conducted de novo review and could treat the order as evidence. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (2000) (recognizes parental liberty interest in child custody)
- In re Adoption of A.M.H., 215 S.W.3d 793 (Tenn. 2007) (parental rights are not absolute and may be limited for the child's welfare)
- Hawk v. Hawk, 855 S.W.2d 573 (Tenn.1993) (parental rights subject to welfare considerations)
- In re Giorgianna H., 205 S.W.3d 508 (Tenn.Ct.App.2006) (standards for dependency and neglect review)
- In re Tiffany B., 228 S.W.3d 148 (Tenn.Ct.App.2007) (de novo standard and weighing of facts on appeal)
- In re M.J.B., 140 S.W.3d 643 (Tenn.Ct.App.2004) (clear and convincing standard applied to dependency/neglect findings)
- Cornelius v. DCS, 314 S.W.3d 902 (Tenn.Ct.App.2009) (de novo review framework and credibility determinations)
- In re M.L.P., 228 S.W.3d 139 (Tenn.Ct.App.2007) (proper weighing of evidence on appeal)
- In re S.M., 149 S.W.3d 632 (Tenn.Ct.App.2004) (definitions and standards for dependency/neglect)
- DCS v. T.M.B.K., 197 S.W.3d 282 (Tenn.Ct.App.2006) (juvenile record admissibility and de novo review considerations)