In the Matter of DOMINIQUE L.H.
393 S.W.3d 710
| Tenn. Ct. App. | 2012Background
- Child Dominique L.H. was born to unmarried parents; environmental neglect led DCS to remove him from parents’ custody in 2010.
- Father was on the sex offender registry and later pled guilty to crimes resulting in a total effective prison term of 10 years; he had limited contact with Dominique after incarceration.
- DCS petitioned to terminate Father’s parental rights on grounds including a ten-year sentence while child under eight.
- Trial court found one statutory ground proved and terminated Father’s rights as being in the child’s best interest.
- Foster family has cared for Dominique since 2010 and desires to adopt; Father has not had meaningful contact for over a year prior to trial.
- Mother’s rights were terminated separately; Isaiah, Dominique’s half-sibling, remained with the same foster family which seeks to adopt both children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is termination in the child’s best interest supported by clear and convincing evidence? | Father | DCS | Yes, termination is in best interest. |
| Was there clear and convincing evidence of a statutory ground for termination? | Father | DCS | Yes, ten-year sentence while child under eight constitutes a ground. |
| Does possible parole negate the statutory ground or undermine best interest? | Father | DCS | No; parole eligibility does not negate the ground or the best-interest finding. |
Key Cases Cited
- In re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005) (best interest focus on child; incarceration supports termination when appropriate)
- In re Valentine, 79 S.W.3d 539 (Tenn. 2002) (clear and convincing standard; long-term parental unfitness)
- In re C.A.M., no official reporter available in opinion; not included (no official reporter) (discussed but WL/LEXIS cite; not used in list)