In Re MO

173 S.W.3d 13, 2005 Tenn. App. LEXIS 125, 2005 WL 457694
CourtCourt of Appeals of Tennessee
DecidedFebruary 25, 2005
DocketM2004-01602-COA-R3-PT
StatusPublished
Cited by3 cases

This text of 173 S.W.3d 13 (In Re MO) 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 MO, 173 S.W.3d 13, 2005 Tenn. App. LEXIS 125, 2005 WL 457694 (Tenn. Ct. App. 2005).

Opinion

173 S.W.3d 13 (2005)

In re M.O.

Court of Appeals of Tennessee, at Nashville.

February 9, 2005 Session.
February 25, 2005.
Permission to Appeal Denied May 16, 2005.

*14 Aubrey L. Harper, McMinnville, Tennessee, for the appellant, L.O.R.

Paul G. Summers, Attorney General and Reporter, and Pamela A. Hayden-Wood, Senior Counsel, for the appellee, Tennessee Department of Children's Services.

Permission to Appeal Denied by Supreme Court May 16, 2005.

*15 OPINION

WILLIAM C. KOCH, JR., P.J., M.S., delivered the opinion of the court, in which PATRICIA J. COTTRELL and FRANK G. CLEMENT, JR., JJ., joined.

This appeal involves the termination of a biological father's parental rights with regard to his nine-year-old daughter. After determining that the child had been sexually abused by her father, the Tennessee Department of Children's Services filed a petition in the Circuit Court for Grundy County seeking to terminate the father's parental rights. Following a bench trial, the trial court determined that the father had committed severe child abuse and that his daughter's interests would be best served by terminating his parental rights. The father asserts on this appeal that the Department failed to present clear and convincing evidence that he had committed severe child abuse. We have determined that the record contains clear and convincing evidence that the father committed severe child abuse and that terminating his parental rights is in his daughter's best interests.

I.

F.E.T. gave birth to M.O. on December 12, 1994. F.E.T. was not married to her daughter's biological father, L.O.R., and so she took sole custody of the child. However, two years later, F.E.T. surrendered custody of M.O. to the Tennessee Department of Children's Services after allegations of child abuse surfaced. Within six months of the child's removal from F.E.T.'s custody, L.O.R. obtained custody of M.O.

M.O. lived with L.O.R. and two of his brothers in a double-wide trailer.[1] The trailer had three bedrooms, one of which was used for storage. L.O.R. and M.O. shared one bedroom, and L.O.R.'s brothers shared the second bedroom. A babysitter cared for M.O. during the week. L.O.R. would bring M.O. to the babysitter in the morning, and the babysitter would take the child to school, pick her up after school, and care for her until L.O.R. picked her up at the end of the day. L.O.R. kept M.O. on the weekends; however, the babysitter would occasionally care for M.O. on Saturday.

M.O. began to have difficulties at school as she grew older. Her abilities to learn and communicate appeared to be severely impaired. Her teachers were initially uncertain whether M.O.'s problems stemmed from the fact that English was her second language or from some more serious learning disability. Over time, most came to believe that M.O. had a learning disability. After M.O. was forced to repeat kindergarten, extensive testing confirmed that she was functioning at the level of a three-year-old. To add to their concerns, M.O.'s teachers suspected that she had an eating disorder and eventually began to suspect that she had also been sexually abused.

In early August 2002, M.O.'s teachers shared their concerns with the Tennessee Department of Children's Services. After interviewing M.O.'s teacher and babysitter, the Department's investigators conducted separate interviews of L.O.R. and M.O. at its offices on August 22, 2002. L.O.R. brought an interpreter to the interview, and he was accompanied by his two brothers. The Department also arranged for its own interpreter.

During her interview, M.O. revealed that she and L.O.R. shared the same bed. She also stated that she and her father took showers together and that he ejaculated on her head during these showers. She also described how L.O.R. would touch *16 her breasts when they were playing. When the investigators asked M.O. to explain some marks on her legs, she laid on the floor, spread her legs, and stated that L.O.R. would touch her and hurt her with his cowboy boots. During his interview, L.O.R. at first admitted that he shared a bed with M.O. but later insisted that he slept on the floor beside her bed. He also agreed that M.O. had an eating disorder and that she had difficulty sleeping at night.

On September 17, 2002, M.O. was interviewed by a forensic interviewer in Chattanooga. During this interview, M.O. provided additional details about L.O.R.'s activities during their showers together. She was also able to identify male and female sexual organs and to explain in some detail what happens when a man and a woman have sexual intercourse. A physical examination conducted after the interview confirmed that M.O. had a vaginal infection. Based on this information, the Department determined that M.O. should be removed from L.O.R.'s custody.

Two Department employees, a police officer, and an interpreter went to L.O.R.'s trailer to inform him of the decision to remove M.O. from his custody. Upon learning of the Department's decision, L.O.R. became extremely angry. He insisted that the Department was responsible for M.O.'s abuse and that little girls could lose their virginity by falling down. When the Department's employees inspected the trailer, they found no indication, like a pallet or sleeping bag, that L.O.R. slept on the floor in M.O.'s bedroom. They also observed that none of the rooms looked like a little girl's room and that there were no toys in the trailer.

The Department placed M.O. in a foster home after removing her from L.O.R.'s custody. The foster mother was not informed of the allegations of sexual abuse by L.O.R. However, M.O.'s foster mother soon began to observe the child engaging in unusual, sexually-oriented behavior. She fondled herself, and she refused to take a bath by herself because she explained that her father would bathe with her. M.O. also had several instances of bed wetting, refusing to use the restroom by herself, and being unable to dress herself.

One particularly disturbing event involved a framed photograph of M.O., her father, and one of her father's brothers that M.O.'s foster mother gave to her. Within one day after she gave M.O. the picture, the foster mother discovered that the little girl had taken the picture out of the frame and had scratched out her face and her uncle's pelvic area. When asked why she had defaced the picture, M.O. told her foster mother about an incident when she and her uncle were in his bedroom naked, he was showing her his "private parts," and they were touching each other. L.O.R. discovered them, and M.O. began to cry because she thought she was in trouble. However, according to M.O., her father walked over to the bed, patted her on the head, told her that it was okay, and then left the room.

M.O.'s behavior appeared to improve as time passed; however, she seemed to have setbacks whenever L.O.R. visited her. On one occasion, L.O.R. questioned M.O.'s foster mother's decision to permit her to use the bathroom by herself. After L.O.R. whispered something to M.O., the child refused to bathe herself, to use the restroom alone, or to sleep without a light on. Eventually, M.O. was required to leave her foster home after she began cutting herself at school.

M.O. was hospitalized in Chattanooga in *17 February 2003.[2] Her treating physicians determined that she had severe developmental and emotional delays. She was also psychotic and depressed at times and often engaged in severe self-mutilation and self-stimulation.

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173 S.W.3d 13, 2005 Tenn. App. LEXIS 125, 2005 WL 457694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mo-tennctapp-2005.