In Re Cayla C.

CourtCourt of Appeals of Tennessee
DecidedAugust 28, 2025
DocketM2024-01648-COA-R3-PT
StatusPublished

This text of In Re Cayla C. (In Re Cayla C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Cayla C., (Tenn. Ct. App. 2025).

Opinion

08/28/2025 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs July 1, 2025

IN RE CAYLA C. 1

Appeal from the Chancery Court for Lincoln County No. AD 493 J. B. Cox, Chancellor ___________________________________

No. M2024-01648-COA-R3-PT ____________________________________

The mother of the minor child at issue appeals the termination of her parental rights. The trial court found that four grounds for termination had been proven and that termination of the mother’s parental rights was in the minor child’s best interest. Although we vacate the finding that the ground of persistence of conditions was established, we affirm the finding that three grounds for termination have been proven and that termination of the mother’s parental rights is in the minor child’s best interest. Accordingly, we affirm the termination of the mother’s parental rights.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

FRANK G. CLEMENT JR., P.J., M.S., delivered the opinion of the court, in which KENNY ARMSTRONG and KRISTI M. DAVIS, JJ., joined.

Savannah Oliver, Lewisburg, Tennessee, for the appellant, Carlie M.

Pat M. Fraley, Fayetteville, Tennessee, for the appellee, Mary S.

Karla Dianne Ogle, Fayetteville, Tennessee, Guardian ad Litem.

OPINION

FACTS AND PROCEDURAL HISTORY

The appellant, Carlie M. (“Mother”), is the mother of Cayla C., who was born in October 2022 in Winchester, Tennessee, at Southern Tennessee Regional Health System. Cayla tested positive at birth for marijuana (THC), cocaine, and amphetamines, and Mother

1 This court has a policy of protecting the identity of children by initializing the last names of the children, parents, close relatives, and pre-adoptive parents and by not providing the children’s exact birth dates. tested positive for marijuana and cocaine. As a result, Cayla was transported to Erlanger Health Systems in Chattanooga, Tennessee, for treatment, where she remained for one month.

Due to the drug screens of Cayla and Mother, the Tennessee Department of Children’s Services (“DCS”) intervened and placed custody of Cayla with her maternal aunt, Amy H.,2 upon discharge from Erlanger.3 However, Cayla’s aunt was unable to continue caring for her. Thus, DCS transferred custody of Cayla to a nonrelative, Mary S., on December 8, 2022, with whom Cayla has remained ever since.4 Significantly, Cayla has never been in the care or custody of her mother.

On March 30, 2023, Mary S. (“Petitioner”), filed a petition to terminate Mother’s parental rights and those of the putative father Christopher L.C.5 At the filing of the petition, Mother joined in the petition consenting to the termination of her parental rights and those of the putative father. However, on April 13, 2023, Mother withdrew her consent and notified the court that she would be contesting the termination petition. Thus, Petitioner filed an amended petition on April 19, 2024, seeking, inter alia, to terminate the parental rights of Mother and Christopher L.C. Counsel was appointed to represent Mother, and an answer was filed on her behalf.6 As for the putative father, he was served with process, but he never made an appearance and never filed an answer or responsive pleading. Thus, his parental rights were terminated by default judgment pursuant to Rule 55 of the Tennessee Rules of Civil Procedure, and he is not a party to this appeal.

Following discovery, which included taking the depositions of Mother and Petitioner, the case proceeded to trial on August 26, 2024. Three witnesses testified: Mother, Petitioner, and Petitioner’s father, Ricky K. Additionally, several exhibits were admitted into evidence, including a certified copy of the record from the juvenile court case, number 2022-JC-91, and medical records from Southern Tennessee Regional Health

2 Amy H. is also referred to in the proceedings as Amy G. 3 The Tennessee Department of Children’s Services filed the initial “Petition for Dependency and Neglect and Petition for Temporary Custody with Relative Parent and/or in the Alternative for the Relief Prayed for Herein” on November 28, 2022. 4 One month later, on January 31, 2023, Mary S. filed a petition for custody of Cayla. She obtained an order of emergency custody of Cayla on February 1, 2023, followed by an order of temporary custody of Cayla on February 8, 2023, both entered in the Juvenile Court of Lincoln County, Tennessee, in the matter of Cayla [C.], Case No. 2022-JC-91. 5 Cayla was five months old when the petition to terminate was filed. 6 Mother was represented by four attorneys in the trial court proceedings; the first three withdrew with leave of court based on Mother’s failure to cooperate. -2- System, where Cayla was born, and Erlanger Health System, where Cayla was treated following her birth.

Following the conclusion of the trial, the trial court entered a final order in which it concluded that Mother’s parental rights should be terminated and that Mary S. be granted permission to adopt Cayla. The trial court made numerous findings of fact, including the following, in which it refers to Mother as Respondent:

11. Respondent has never had custody of the child since birth. 12. During her pregnancy, Respondent used marijuana, cocaine, and methamphetamine resulting in the child being born drug dependent. 13. Respondent had almost no prenatal care prior to delivery. 14. Upon delivery, Respondent tested positive for marijuana and cocaine. 15. The child tested positive for marijuana, cocaine, and amphetamines. 16. DCS took custody of the child based on it being born drug dependent. 17. DCS, through the Juvenile Court, placed the child with Amy [H., the maternal aunt]. 18. Amy [H.] could not take care of the child, and the child was placed with Petitioner. 19. Subsequent to the birth of the child, Respondent has continued to use drugs. . . .

21. Respondent frankly admits that it is in her child’s best interest for her parental rights to be terminated, she just wants to dictate who she surrenders to. . . .

25. Respondent has no home. 26. Respondent has no employment. 27. Respondent has pending charges in Lincoln County, Tennessee, and in Madison County, Alabama. 28. Respondent has never paid support for this child. 29. Respondent has never visited with the child. 30. Respondent concedes that the child would not know her. 31. Respondent concedes that there is no parent/child relationship between her and the child. 32. She concedes that the child would not know her. 33. She concedes that she does not have custody of any of her six children. 34. She is presently staying with her aunt at 10 Short Creek Rd. She is there due to her aunt’s generosity, having nowhere else to go.

-3- The court also found that her oldest child was born drug dependent, that she admits having an ongoing drug problem since 2012, that she has had six children but has custody of none of them, and that she has consented to the termination of her parental rights to some of her children. The court also found that she consents to the adoption of Cayla by the same couple that adopted her fifth child, because they will allow her to visit, but does not consent to Petitioner adopting Cayla.

Based on these and other facts, the court found that Petitioner had proven four grounds for termination of Mother’s parental rights by clear and convincing evidence, specifically: (1) severe abuse of the child pursuant to Tennessee Code Annotated § 37-1- 102(b)(27); (2) abandonment by failing to support Cayla; (3) abandonment by failing to visit Cayla; and (4) persistence of conditions. Then, after conducting a lengthy analysis of the statutory best interest factors, which we discuss below, the court found termination of Mother’s parental rights to be in Cayla’s best interest.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

White v. Moody
171 S.W.3d 187 (Court of Appeals of Tennessee, 2004)
In Re Bernard T.
319 S.W.3d 586 (Tennessee Supreme Court, 2010)
Keisling v. Keisling
92 S.W.3d 374 (Tennessee Supreme Court, 2002)
In Re Audrey S.
182 S.W.3d 838 (Court of Appeals of Tennessee, 2005)
In Re Valentine
79 S.W.3d 539 (Tennessee Supreme Court, 2002)
In Re: Kaliyah S.
455 S.W.3d 533 (Tennessee Supreme Court, 2015)
In Re Carrington H.
483 S.W.3d 507 (Tennessee Supreme Court, 2016)
In Re Gabriella D.
531 S.W.3d 662 (Tennessee Supreme Court, 2017)
In re M.J.B.
140 S.W.3d 643 (Court of Appeals of Tennessee, 2004)
In re M.A.R.
183 S.W.3d 652 (Court of Appeals of Tennessee, 2005)
In re J.C.D.
254 S.W.3d 432 (Court of Appeals of Tennessee, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
In Re Cayla C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cayla-c-tennctapp-2025.