State Department of Children's Services v. Dianne P.

340 S.W.3d 692, 2010 Tenn. App. LEXIS 681
CourtCourt of Appeals of Tennessee
DecidedOctober 29, 2010
StatusPublished
Cited by1 cases

This text of 340 S.W.3d 692 (State Department of Children's Services v. Dianne P.) 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. Dianne P., 340 S.W.3d 692, 2010 Tenn. App. LEXIS 681 (Tenn. Ct. App. 2010).

Opinion

OPINION

HOLLY M. KIRBY, J„

delivered the

opinion of the Court,

in which ALAN E. HIGHERS, P.J., W.S., and J. STEVEN STAFFORD, J., joined.

This is an appeal from a finding of dependency and neglect. An off-duty employee of the petitioner Tennessee Department of Children’s Services witnessed the respondent mother hitting the subject child in the parking lot of a retail store. After an investigation, the State filed a petition for dependency and neglect, alleging abuse based on the parking lot incident. The juvenile court determined that the child had been abused and held that the child was dependent and neglected. The mother appealed to the circuit court, which conducted a two-day trial de novo. After hearing the evidence, the circuit court below entered an order finding by clear and convincing evidence that the child had been abused and declaring the child to be dependent and neglected. The mother now appeals. We affirm.

Facts and Proceedings Below

The child involved in this action, Isaiah L., was born to Respondent/Appellant Dianne P. (“Mother”) on August 2, 2003, when Mother was forty-five years old. Upon his birth, the Petitioner/Appellee State of Tennessee Department of Children’s Services (“DCS”) immediately took custody of the child due to Mother’s history of child abuse with DCS. The child was [695]*695placed in the custody of his father, Charles L. (“Father”), who was never married to Mother.

In May 2004, Mother regained custody of Isaiah. She obtained governmental services to help her raise the child, including assistance from Help Us Grow Successfully (“HUGS”), a government program that provides services to women who have children from birth to age six. At some point, the child was diagnosed as developmentally delayed, and engaged in severe tantrums and episodes of acting out. The child was provided therapy and began kindergarten in special education classes. Mother struggled to deal with Isaiah’s special needs due to her own physical and mental challenges.

The incident that gave rise to the instant petition occurred on November 4, 2008, when the child was five years old. On that day, Mother had taken Isaiah shopping at a retail shoe store. Inside the store, the child was non-compliant, running around in the store, and Mother was unable to gain control of him. Mother went out to the store parking lot to wait for Isaiah, and asked a couple of passersby to retrieve the child for her.

At that point, an off-duty employee of DCS, Kenya Clark (“Clark”), arrived in the shoe store parking lot. Mother’s behavior attracted Clark’s attention; the trunk of Mother’s car was open, and Mother was sitting on the back end of her car with a cane, yelling at no one in particular and acting oddly. Clark saw the child come out of the store and approach Mother in the parking lot. Mother then grabbed the child and repeatedly struck him, and yelled at him as he tried to get away. The number and location of the blows to the child is disputed. Alarmed by what she was seeing, Clark approached Mother and asked her to stop hitting the child. When Clark identified herself as a DCS employee, Mother told Clark that she was leaving, and began putting the child in her car. Clark informed Mother that the police were on their way and that she needed to wait until the police arrived. When the police arrived, they interviewed Mother, Clark, and others on the scene. Subsequently, Mother was allowed to take the child home, with the understanding that DCS would conduct further investigation.

Later that evening, DCS investigator Latasha Bryant (“Bryant”) went to Mother’s home to investigate the incident Clark witnessed. She observed fresh linear marks and whelps on Isaiah’s body. Bryant interviewed Isaiah and Mother separately, with Isaiah first. The child told Bryant that Mother had caused the marks Bryant observed by striking him repeatedly with a “twitch.” When Bryant then interviewed Mother, she was hostile to Bryant, accusing DCS of wanting to take Isaiah from her as it had taken her other children. She denied striking the child and told Bryant that the marks were on Isaiah after he returned from a visit with Father, intimating that Father was responsible for them. Isaiah, in a nearby bedroom, apparently overheard Mother’s statement, and ran into the room where Bryant was interviewing Mother and said, “No, Mommy, you did it.” Mother urged Isaiah to tell Bryant that Father was responsible for his wounds, but the child insisted, “No. Mommy you did it.”

On November 7, 2008, DCS filed a petition in the Davidson County Juvenile Court for custody of the child, with a request for emergency removal and for child support. After an initial hearing, the Juvenile Court granted the DCS petition on the same day. The Juvenile Court appointed a guardian ad litem (“GAL”) for the child, and counsel was appointed for Mother. The same day, DCS conducted a [696]*696team and family meeting on Isaiah, after which the child was placed in the custody of Father, who had been exercising regular visitation pursuant to a Juvenile Court visitation order entered in 2004.

The Juvenile Court conducted a trial on December 9, 2008, in which it heard testimony from numerous witnesses. The appellate record does not include a transcript of the Juvenile Court proceedings, but it indicates that the Juvenile Court heard testimony from Clark, Bryant, the child’s teacher, the child’s therapist, and the HUGS nurse who had assisted Mother with Isaiah. Mother did not testify. After hearing the testimony, on December 15, 2008, the Juvenile Court entered a lengthy order with detailed findings. The Juvenile Court found by clear and convincing evidence that the child had been subjected to abuse by Mother and was a dependent and neglected child. Pursuant to Tennessee statutes, Mother appealed the findings of the Juvenile Court to the Davidson County Circuit Court.1

On May 19 and 20, 2009, the Circuit Court conducted a de novo trial. The Circuit Court heard testimony from essentially the same witnesses who testified before the Juvenile Court. In addition, the Circuit Court heard testimony from Mother.

DCS employee Clark testified at the outset, describing what she witnessed in the shoe store parking lot on November 4, 2008. Clark said that, as she drove into the parking lot, she saw a woman whom she identified as Mother; the trunk of her car was open and she was sitting on the back end of her car. Clark noticed that Mother had a cane. Mother was speaking loudly at no one in particular and “behaving rather wildly and bizarre.” Clark described it as “belligerent talking. Just a bunch of loud cussing.” At that point, the child was nowhere in sight. Clark then saw the child exit the shoe store. Seeing him, Mother motioned to the child to come to her, saying “I’ll whoop your ass,” and similar things, as the child walked slowly and tentatively toward her. As the child approached, Clark said, Mother grabbed the child, knocked him to the ground, and dragged him across the pavement. She then picked him up and proceeded to hit him with an open hand with “all the force she could muster” on his head, back, arms, and legs, wherever she could reach. The child was screaming and crying, and asking Mother to stop, and as he would get up and try to get away, Mother would grab him and hit him some more. Clark said that she could hear the blows to the child’s body from several feet away, and she estimated that Mother hit the child twenty or more times.

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Related

In Re Isaiah L.
340 S.W.3d 692 (Court of Appeals of Tennessee, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
340 S.W.3d 692, 2010 Tenn. App. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-childrens-services-v-dianne-p-tennctapp-2010.