IN RE TAMIRIA M.

CourtCourt of Appeals of Tennessee
DecidedFebruary 9, 2026
DocketE2025-00318-COA-R3-PT
StatusPublished
AuthorJudge Andy D. Bennett

This text of IN RE TAMIRIA M. (IN RE TAMIRIA M.) 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 TAMIRIA M., (Tenn. Ct. App. 2026).

Opinion

02/09/2026 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs September 3, 2025

IN RE TAMIRIA M.

Appeal from the Juvenile Court for Knox County No. 28971 Timothy E. Irwin, Judge

No. E2025-00318-COA-R3-PT

A mother appeals a juvenile court’s order terminating her parental rights to her two children. We affirm the juvenile court’s decision that clear and convincing evidence established the existence of two statutory grounds for termination. Because the juvenile court’s order failed to make sufficient factual findings to support its best interest analysis, we vacate that portion of the court’s decision and remand for entry of an order making sufficient factual findings.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Juvenile Court Affirmed in Part, Vacated in Part, and Remanded

ANDY D. BENNETT, J., delivered the opinion of the Court, in which THOMAS R. FRIERSON, II, and CARMA DENNIS MCGEE, JJ., joined.

Mary Ward, Knoxville, Tennessee, for the appellant, Ty’Angela M.

Jonathan Skrmetti, Attorney General and Reporter, and Katherine P. Adams, Assistant Attorney General, for the appellee, Tennessee Department of Children’s Services.

OPINION

FACTUAL AND PROCEDURAL BACKGROUND

This appeal involves the termination of the parental rights of Ty’Angela M. (“Mother”) to her two children, Tamiria M. (born in 2010) and Anthony E., Jr. (born in 2018).1 In September 2021, when Anthony was two years old, Mother intentionally hit him in the face with a piece of shelving, leaving him permanently disfigured. Mother called 911 and admitted to hitting Anthony. She pled guilty to aggravated assault in June 2022 and was sentenced to six years’ imprisonment, twelve months of which were to be served in prison and the remainder on supervised probation.2

On October 5, 2021, shortly after Mother assaulted Anthony, the Tennessee Department of Children’s Services (“DCS” or “the Department”) filed a dependency and neglect petition in juvenile court requesting that the children “be immediately placed in emergency shelter care.” The Department alleged that the children were dependent and neglected due to Mother’s improper care, her physical abuse of Anthony, and her unresolved mental health issues. The juvenile court entered an order on October 7, 2021, placing the children in DCS’s custody. Approximately a year and a half later, on January 9, 2023, the juvenile court adjudicated the children dependent and neglected due to Mother’s inability to provide appropriate care, her incarceration, and her assault of Anthony. The court expressly found that Mother committed severe child abuse against Anthony when she permanently disfigured him by striking him in the face.

After the children were removed from Mother’s custody, DCS developed four permanency plans that required Mother to: complete anger management education; take medication as prescribed; complete a psychological assessment and follow all recommendations; complete an alcohol and drug assessment and follow all recommendations; submit to and pass random drug screens; visit the children; maintain appropriate housing, employment, and transportation and provide proof of such; pay child support; and complete parenting education classes. Mother took advantage of several of the services offered by DCS and was able to complete some of the permanency plans’ requirements.

On January 31, 2024, DCS filed a petition to terminate Mother’s parental rights. After a three-day trial, the trial court entered an order on February 25, 2025, terminating Mother’s parental rights. The trial court concluded that DCS proved two termination grounds by clear and convincing evidence: (1) severe child abuse pursuant to Tenn. Code Ann. § 36-1-113(g)(4) and (2) incarceration under a sentence of six or more years pursuant to Tenn. Code Ann. § 36-1-113(g)(6). The court then concluded that there was clear and convincing evidence that termination of Mother’s parental rights was in the children’s best interest.

1 Tiree S. is Tamiria’s biological father, and Anthony E., Sr. is Anthony’s biological father. The Department of Children’s Services sought termination of the fathers’ parental rights in separate proceedings, and neither father’s parental rights are at issue in this appeal. 2 Mother ultimately served only eight months in prison because she “completed programs while . . . incarcerated,” and she remained on probation at the time of the termination trial. -2- Mother timely appealed and presents the following issue for our review: whether the trial court erred in finding that there was clear and convincing evidence that termination was in the children’s best interest.

STANDARD OF REVIEW

Under both the federal and state constitutions, a parent has a fundamental right to the care, custody, and control of his or her own child. Stanley v. Illinois, 405 U.S. 645, 651 (1972); In re Angela E., 303 S.W.3d 240, 250 (Tenn. 2010) (citing Troxel v. Granville, 530 U.S. 57, 65 (2000)); Nash-Putnam v. McCloud, 921 S.W.2d 170, 174-75 (Tenn. 1996) (citing Nale v. Robertson, 871 S.W.2d 674, 678 (Tenn. 1994)). Although this right is fundamental, it is not absolute and may be terminated in certain situations. In re Angela E., 303 S.W.3d at 250. Our legislature has identified “‘those situations in which the state’s interest in the welfare of a child justifies interference with a parent’s constitutional rights by setting forth grounds on which termination proceedings can be brought.’” In re Jacobe M.J., 434 S.W.3d 565, 568 (Tenn. Ct. App. 2013) (quoting In re W.B., IV., Nos. M2004- 00999-COA-R3-PT, M2004-01572-COA-R3-PT, 2005 WL 1021618, at *7 (Tenn. Ct. App. Apr. 29, 2005)).

Tennessee Code Annotated section 36-1-113 provides the grounds and procedures for terminating parental rights. First, a petitioner seeking to terminate parental rights must prove that at least one ground for termination exists. Tenn. Code Ann. § 36-1-113(c)(1); In re Angela E., 303 S.W.3d at 251. Second, a petitioner must prove that terminating parental rights is in the child’s best interest. Tenn. Code Ann. § 36-1-113(c)(2); In re Valentine, 79 S.W.3d 539, 546 (Tenn. 2002).

The termination of a parent’s rights is one of the most serious decisions courts make because “[t]erminating parental rights has the legal effect of reducing the parent to the role of a complete stranger,” In re W.B., IV, 2005 WL 1021618, at *6, “and of ‘severing forever all legal rights and obligations of the parent or guardian.’” Id. (quoting Tenn. Code Ann. § 36-1-113(l)(1)). Consequently, a parent has a constitutional right to fundamentally fair procedures during termination proceedings. In re Hannah C., No. M2016-02052-COA-R3- PT, 2018 WL 558522, at *2 (Tenn. Ct. App. Jan.

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IN RE TAMIRIA M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tamiria-m-tennctapp-2026.