State, Department of Children's Services v. Tikindra G.
2011 Tenn. App. LEXIS 111
| Tenn. Ct. App. | 2011Background
- Premature twins born to Tikindra G.; mother had limited housing and transportation; twins discharged to mother's care with NICU feeding instructions and home health services arranged.
- Mother moved between addresses and did not update the home health agency, leading to lack of follow-up care for the twins.
- Twins became severely malnourished and dehydrated at home; Boy Twin nearly died and was hospitalized; Girl Twin likewise hospitalized with severe malnutrition.
- DCS filed dependency and neglect petition; juvenile court found severe abuse for Boy Twin but not Girl Twin; after de novo review, circuit court found severe abuse for both under Tenn. Code Ann. § 37-1-102(b)(23)(A) and (B).
- Mother appeals, challenging whether severe abuse under (B) requires knowledge and whether substantial evidence supports the findings.
- Court affirms circuit court’s ruling that subsections (A) and (B) support severe child abuse and that subsection (B) does not require a showing of knowledge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does subsection (B) require knowledge of the abuse or neglect? | Mother argues (B) requires knowing conduct; lack of knowledge due to intellect undermines. | DCS argues (B) does not require knowledge; outcome-focused harm suffices. | Subsection (B) does not require knowing conduct by the perpetrator. |
| Was the neglect of the premature twins proven to be knowing under subsection (A)? | Mother relied on CCP findings of limited intellect to negate knowing neglect. | DCS argues the NICU training and mother’s actions show knowing neglect. | Clear and convincing evidence supports knowing neglect under (A). |
| Do the record facts support sever abuse findings under both (A) and (B)? | Mother argues insufficient proof of knowing abuse and lack of deliberate intent. | DCS offers expert testimony linking neglect to severe developmental harms and great bodily harm. | Record supports severe child abuse under both (A) and (B) beyond reasonable doubt. |
Key Cases Cited
- Cornelius v. DCS, 314 S.W.3d 902 (Tenn. Ct. App. 2009) (clear-and-convincing standard; de novo review; integrity of findings)
- In re Tiffany B., 228 S.W.3d 148 (Tenn. Ct. App. 2007) (analysis of clear and convincing evidence in dependency actions)
- In re M.A.R., 183 S.W.3d 652 (Tenn. Ct. App. 2005) (standard for clear and convincing proof in child abuse cases)
- In re Isaiah L., 340 S.W.3d 692 (Tenn. Ct. App. 2010) (discusses standard and review in abuse conclusions)
- Estate of French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011) (interpretation of statutory text; plain meaning governs)