State Department of Children's Services v. B.J.N.

242 S.W.3d 491, 2007 Tenn. App. LEXIS 512
CourtCourt of Appeals of Tennessee
DecidedAugust 8, 2007
StatusPublished
Cited by35 cases

This text of 242 S.W.3d 491 (State Department of Children's Services v. B.J.N.) 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
State Department of Children's Services v. B.J.N., 242 S.W.3d 491, 2007 Tenn. App. LEXIS 512 (Tenn. Ct. App. 2007).

Opinion

OPINION

D. MICHAEL SWINEY, J.,

delivered the opinion of the court,

in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.

The State of Tennessee Department of Children’s Services (“the State”) filed a petition seeking to terminate the parental rights of B.J.N. (“Mother”) to the minor child R.S.N. (“the Child”) 1 . The Juvenile Court entered an order terminating Mother’s parental rights to the Child based upon the grounds found in Tenn.Code Ann. §§ 36-1-113(g)(2) and (g)(3). Mother appeals to this Court. We affirm the termination of Mother’s parental rights to the *492 Child under Tenn.Code Ann. § 36-1-113(g)(3).

Background

The case now before us involves the youngest of Mother’s five children. Mother had four boys and one girl. All five of Mother’s children were taken into State custody at different times while they were minors. Three of the five were adults when the petition to terminate Mother’s parental rights as to the Child was filed. Of these three, the two boys were raised in foster care. Mother’s rights as to her daughter, the other adult child, were terminated when the daughter was an infant and Mother’s daughter was subsequently adopted. Of the two youngest of Mother’s children, one was raised in foster care and achieved the age of majority during the pendency of this suit. Thus, Mother currently has only the one child who still is a minor.

The Child, who has asthma, a heart murmur, and developmental delays due to a premature birth, was taken into State custody and placed in foster care in 2001 due to dependent/neglect issues and alleged sexual abuse by one of Mother’s boyfriends. The foster family that the Child currently resides with is the same foster family that the Child’s three older brothers lived with during the majority of their time in State custody.

Mother testified at trial that her daughter was taken into State custody because “[s]he was abused by my ex-husband,” and Mother admitted that she failed to protect her daughter from the abuse. Mother admitted that she recently took out an order of protection against “an ex-boyfriend from Chicago” who has lived in this area for approximately three years and that in the past her relationships with men were a cause of concern for the safety of her children. Mother admitted that over the years, the State attempted on different occasions to place her children back into Mother’s home, but that the children subsequently were taken back into State custody because Mother had “[n]o electric, no heat, no food.” The Child was returned to Mother’s home at one point for a trial home placement, but later was taken back into State custody.

Dr. Gary B. Verna testified as an expert at trial concerning his parental assessment of Mother. Dr. Verna had several sessions with Mother and administered several psychological tests, “[t]wo of which assess cognitive functioning and one of which is a personality assessment and a forth, which is a parenting stress index or a parenting assessment.” Dr. Verna also completed a seven-page evaluation including recommendations regarding Mother’s ability to parent the Child.

Dr. Verna testified about his evaluation and recommendations stating:

The recommendation I made was that I did not feel that the resources required for her to be successful in parenting this child who, himself, has special needs, were sufficient for her to be granted custody of this child, .... With respect to her personal resources. To me, that’s what we’re talking about. What personal resources does she bring to the task of parenting and providing a supportive and functional household environment?
There are two aspects of this that were assessed by me with her. One is her cognitive capabilities, and the other personal and parenting resources or skills and ability. And in regard to cognitive function, I completed an assessment in functional ability as well as a memory assessment. And the combined outcome of those place her intellectual ability at a border line level of functioning.
*493 And I indicated in my report that this level of functioning is sufficient for her to recognize and to appreciate those— those decisions. Let me say it differently. She can recognize and appreciate the facts involved in making some decisions regarding her children. In that sense, she’s competent.
My concern is that there are significant and psychological or psychiatric factors that interfere with her ability to bring forward this knowledge and to implement her knowledge and capability, her cognitive capabilities, to provide this kind of parenting and household environment that is necessary for this child.
Dr. Verna further testified: my concern here is based on early spots to personality assessment and then subsequently to parenting assessment. And the question for me is, you know, what personal resources does one bring to bear on day-to-day problems?
And when I look at the results of the personality assessment, what I find is an individual with a defensive coping style who has — even for defensive people as indicated in the report, even for a defensive person who has issues that exceed that defensiveness of problems with sus-piciousness and rigidity. Those are signs of depression and a poor sense of identity.
She describes herself as meek and unassertive. In stressful situations, she’s a person who is somewhat self-critical, uncertain and just indecisive. These are what I would consider interfering factors, factors that interfere in the ability to make reasonable decisions or to take reasonable action in situations.
The behavior that I reviewed, through the clinical notes of Ridgeview, are consistent with this inconsistency of making appointments, keeping appointments. The repeated times when things weren’t followed through. I think you can represent those things as sort of a historical factor in the last year, appear again in the personality assessment profile here.
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I completed a parenting assessment. And prior to doing these assessments, we had an interview period. And based on her responses and her optimism at parenting her youngest son, in that conversation, she had indicated she was asking for custody of her youngest son, but not the older son....
She was optimistic about her parenting ability and her ability to provide a supportive household environment. When she completed this assessment, and I scored it, I was a little bit surprised to find that she had indicated— ... [t]hese two sub skills suggest that she anticipates difficulty in managing behavior of her son....
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In this case, it would imply that there’s a good likelihood that she would perceive the child to be the problem in their conflicts.

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Bluebook (online)
242 S.W.3d 491, 2007 Tenn. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-childrens-services-v-bjn-tennctapp-2007.