In re S.J.
387 S.W.3d 576
| Tenn. Ct. App. | 2012Background
- Three children—S.J. (2006), C.J. (2007), J.J. (2008)—lived with respondent mother and partner; parents separated and DCS investigated abuse/neglect after J.J. presented with failure to thrive and multiple rib fractures.
- J.J. was severely underweight at four months; radiographs showed six healing rib fractures with no explanation from parents.
- J.J. later sustained a high, displaced femur fracture; parents gave conflicting explanations; DCS sought to remove all three children.
- Trial court found all three children dependent and neglected but did not explicitly rule on severe abuse; DCS petition for severe abuse as to J.J. was addressed on remand.
- On appeal, court affirmed dependency/neglect for all three children, but reversed the failure to find severe abuse, holding clear and convincing evidence supported severe abuse by Mother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether all three children are dependent and neglected. | Mother argues insufficient evidence for J.J.’s neglect and for the sisters. | DCS contends the injuries and neglectful environment satisfy dependency and neglect for all three. | Yes; all three are dependent and neglected. |
| Whether J.J. suffered severe child abuse. | Mother contends no severe abuse proven; injuries could be accidental. | DCS argues rib fractures and non-accidental femur fracture show severe abuse. | Severe abuse proven by clear and convincing evidence. |
| Whether S.J. and C.J. were dependent and neglected given J.J.’s severe abuse findings. | Record insufficient to prove care of sisters; focus on J.J. undermines others. | Abuse/neglect in household endangers all children under improper guardianship. | Yes; S.J. and C.J. are dependent and neglected. |
| What standard applies to severe abuse findings and related consequences. | Clear and convincing standard requires articulated findings that abuse occurred. | Court should apply statutory framework and consider combined weight of facts. | Clear and convincing standard applied; proven severe abuse. |
Key Cases Cited
- In re Samaria S., 347 S.W.3d 200 (Tenn. Ct. App. 2011) (defines 'severe child abuse' and clarifies knowing conduct in preverbal cases)
- In re Tiffany B., 228 S.W.3d 148 (Tenn. Ct. App. 2007) (distinguishes weighing of trial findings on appeal under clear and convincing standard)
- In re H.L.F., 297 S.W.3d 223 (Tenn. Ct. App. 2009) (limits parent rights in light of dependency/neglect findings)
- Troxel v. Granville, 530 U.S. 57 (2000) (recognizes parental liberty interest in child custody but subject to state intervention in neglect cases)
- Blair v. Badenhope, 77 S.W.3d 137 (Tenn. 2002) (parental rights are not absolute and may be limited when child safety is at issue)