In Re: John J.
M2016-01136-COA-R3-PT
| Tenn. Ct. App. | Feb 17, 2017Background
- Child (John J.), born 2006, was removed after DCS received reports in Aug. 2013 that he had cigarette burns; father incarcerated then; child placed with relatives then foster care.
- Mother (Karrie S.) has a history of substance abuse and criminal convictions; was incarcerated April 11, 2014 and remained incarcerated at trial (Apr. 15, 2016).
- DCS filed to terminate parental rights June 12, 2015, alleging abandonment by willful failure to visit/support and abandonment by wanton disregard for the child’s welfare.
- Trial court found clear and convincing evidence of abandonment (failure to visit in the four months before incarceration and wanton disregard) and concluded termination was in the child’s best interest.
- Key factual supports: limited/token visitation and support, Mother’s substance use and criminal history, child’s diagnoses (ADHD, ODD), stable foster placement with strong bond and good school performance.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (DCS) | Held |
|---|---|---|---|
| Whether DCS provided reasonable efforts (or should be relieved of efforts due to incarceration) | DCS failed to provide reasonable efforts; termination improper without such efforts | DCS argues efforts are a factor for best-interest analysis and were reasonable here | Court: Reasonable efforts weighed in best-interest analysis; record supports DCS made reasonable efforts and termination may proceed without proving reasonable efforts as a precondition |
| Whether termination was in child’s best interest | Mother: Lack of DCS efforts and available extended family mean termination is improper; child could be integrated into Mother’s future lifestyle | DCS: Child is thriving in foster home, bonded to foster parents, needs stability; parents noncompliant and incarcerated — permanency favors termination | Court: Termination is in child’s best interest based on statutory factors (meaningful relationship lacking, negative effect of change, lack of support, bond to foster family, need for permanency) |
| Whether statutory grounds for termination (abandonment by willful failure to visit/support; wanton disregard) were established | Mother did not contest on appeal the grounds but disputed best-interest | DCS: Proved abandonment by willful failure to visit/support and pre-incarceration wanton disregard | Court: Affirmed abandonment findings — token/no visits, no support, and conduct demonstrating wanton disregard proven by conviction/substance history |
| Applicability of incarceration-based abandonment statute (Tenn. Code Ann. §36-1-102(1)(A)(iv)) | Mother argued DCS’s failures and incarceration context should preclude termination | DCS invoked the statute to show abandonment during the relevant four-month pre-incarceration period and/or wanton disregard prior to incarceration | Court: Applied the statute; found the relevant 4-month period preceding incarceration showed willful failure to visit/support and/or wanton disregard — supports termination |
Key Cases Cited
- Stanley v. Illinois, 405 U.S. 645 (recognition of parents' fundamental right to custody of their children)
- Santosky v. Kramer, 455 U.S. 745 (heightened standard of proof required in parental termination cases)
- In re Adoption of A.M.H., 215 S.W.3d 793 (Tenn. 2007) (statutory framework for termination analysis)
- In re Kaliyah S., 455 S.W.3d 533 (Tenn. 2015) (reasonable efforts weighed in best-interest analysis but not a precondition to termination)
- White v. Moody, 171 S.W.3d 187 (Tenn. Ct. App. 2004) (best-interest inquiry is fact-intensive and must be child-centered)
- In re M.J.B., 140 S.W.3d 643 (Tenn. Ct. App. 2004) (standard of review and weighing facts for termination decisions)