In re L.M.W.

275 S.W.3d 843, 2008 Tenn. App. LEXIS 512
CourtCourt of Appeals of Tennessee
DecidedSeptember 3, 2008
StatusPublished
Cited by6 cases

This text of 275 S.W.3d 843 (In re L.M.W.) 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 L.M.W., 275 S.W.3d 843, 2008 Tenn. App. LEXIS 512 (Tenn. Ct. App. 2008).

Opinion

OPINION

FRANK G. CLEMENT, JR., J.,

delivered the opinion of the court,

in which ANDY D. BENNETT and RICHARD H. DINKINS, JJ., joined.

Father appeals the termination of his parental rights to his two biological children, L.M.W. and L.A.W. The trial court terminated his parental rights on the grounds of abandonment by failure to visit or support, substantial noncompliance with the permanency plan, and persistence of conditions. The trial court also determined that termination of parental rights was in the children’s best interests. We affirm the trial court’s ruling on the grounds of abandonment by failure to support, substantial noncompliance with the permanency plan, and a determination that [846]*846termination of his parental rights is in the children’s best interests.

The two minor children at issue in this case, L.M.W. and L.A.W., first came to the attention of the Department of Children’s Services (“Department”) in March 2006, when the Department received anonymous referrals. The referrals stated that the children were duty, smelled like urine, were outside without shoes, and that the children’s mother sold drugs. The Department investigated the referrals by meeting with family members arid informally meeting with the children and their mother. At the meeting, the children appeared healthy, although there were two large ringworms on one child’s face. As a result of the interviews, the caseworker learned that the children had been present when severe domestic abuse occurred within the home and that the children’s mother often sold drugs.

The children were taken into custody by the Department in March 2006 and placed in the foster home where they have resided since. After they were taken into custody, the children’s father, L.I. (hereinafter “Father”) signed a permanency plan, a copy of which was mailed to him where he was incarcerated at the time.

Father’s next contact with the Department was in January 2007, when he met with the Department to discuss custody of his children. A revised permanency plan was signed which laid out the requirements that would have to be met in order to regain custody of his children. Within four months, Father was to have obtained stable housing; completed parenting, alcohol, and drug assessments; submitted to random drug screens; received treatment for drug addiction; and completed a psy-chosexual evaluation. Father began visitations with the girls in January, but only visited them twelve times between January and May 2007, and only one visit occurred between April 29, 2007 and August 29, 2007.1

Following May 2, 2007, Father had no contact with the children. Acting on behalf of the Department, Residential Services Incorporated (“RSI”) attempted to contact Father multiple times by phone.2 The Department also attempted to contact him by leaving messages at his mother’s home where he resided, sending letters, and calling his last known telephone number, all to no avail.

Additionally, Father took no steps to comply with the requirements of his permanency plan. Despite the Department twice finding funding for Father to complete his parenting, alcohol, and drug assessments at no cost to him, Father never made the appointments. Father never obtained his own residence but continued to live with his mother. While Father submitted to two drug screens, other attempts to schedule random drug screens were thwarted by Father failing to maintain contact with the Department.

Father also paid no support for his children. Father admits that he knew he owed child support for his children but never attempted to make payments. Father had sporadic employment during this period, but was receiving advances on an inheritance and living cost free in his mother’s home.

Following the lack of cooperation or contact from Father, the Department filed a petition to terminate parental rights on [847]*847August 29, 2007. The grounds cited for termination were abandonment for failure to visit, abandonment for failure to support, substantial noncompliance with the permanency plan, persistent conditions and failure to exercise or establish paternity. A hearing was held, following which the trial court terminated Father’s parental rights based on clear and convincing evidence that Father had abandoned the children by failing to visit or support them, failing to comply with the requirements of the permanency plan, and persistence of conditions. The Department abandoned the ground of failure to establish paternity. The trial court also determined that termination of parental rights was in the best interests of the children. This appeal by Father followed.

The only issue presented in Father’s brief reads as follows: “The Trial Court erred in terminating Appellant’s parental rights to his two (2) minor children.” In the argument of his brief, Father concedes, somewhat equivocally, that two of the grounds for termination were established: one, that he willfully failed to support his children; and (2) that he failed to substantially comply with the requirements of the permanency plan.3 Conversely, he states in his brief that “the real question at hand is whether or not termination of parental rights is in the best interest of [the children].” Although Father appears to have conceded that statutory grounds upon which his parental rights may be terminated have been established, we will briefly discuss two of the grounds found by the trial court and then more thoroughly analyze whether termination of his parental rights is in the best interests of the children.

Analysis

Parents have a fundamental right to the care, custody and control of their children. Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); Hawk v. Hawk, 855 S.W.2d 573, 577 (Tenn.1993). This right is superior to the claims of other persons and the government, yet it is not absolute. In re S.L.A., 223 S.W.3d 295, 299 (Tenn.Ct.App.2006).

Parental rights may be terminated only where a statutorily defined ground exists. Tenn.Code Ann. § 36 — 1—113(c)(1); Jones v. Garrett, 92 S.W.3d 835, 838 (Tenn.2002); In re M.W.A., 980 S.W.2d 620, 622 (Tenn.Ct.App.1998). The petitioner has the burden of proving that there exists a statutory ground for termination, such as abandonment or failing to remedy persistent conditions that led to the removal of the child. Tenn.Code Ann. § 36-1-113(c)(1); Jones, 92 S.W.3d at 838. Only one ground need be proved, so long as that ground is proved by clear and convincing evidence. See In re D.L.B., 118 S.W.3d 360, 367 (Tenn.2003). In addition to proving one of the grounds for termination, the petitioner must prove that termination of parental rights is- in the child’s best interest. Tenn.Code Ann. § 36—1—113(c)(2); In re F.R.R.,

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Cite This Page — Counsel Stack

Bluebook (online)
275 S.W.3d 843, 2008 Tenn. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lmw-tennctapp-2008.