In re Tianna B. - Concurring In Part and Dissenting In Part

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 2, 2016

IN RE TIANNA B.

Appeal from the Hamilton County Juvenile Court No. 263525 Robert D. Philyaw, Judge

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No. E2015-02189-COA-R3-PT FILED-JULY 6, 2016

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CHARLES D. SUSANO, JR., J., concurring in part and dissenting in part.

I concur completely in the majority’s opinion terminating the parental rights of Myron J. T. based upon the provisions of Tenn. Code Ann. § 36-1-113(g)(1) and § 36-1- 102(1)(A)(i). I dissent from so much of the majority’s decision as holds that father does not fall within the ambit of Tenn. Code Ann. § 36-1-113(g)(9)(A) and § 36-1-117(c). I would hold that father is within the class of persons covered by these latter two statutes. On this point, I adhere to the majority opinion authored by me in the case of In re F.N.M., No. M2015-00519-COA-R3-PT, 2016 WL 3126077 (Tenn. Ct. App., filed Apr. 11, 2016).

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CHARLES D. SUSANO, JR., JUDGE