State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar

• Court: Court of Appeals of Tennessee
• Decided: February 5, 1999
• Docket: 01A01-9806-JV-00275
• Status: Published

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

FILED STATE OF TENNESSEE ) CANNON COUNTY DEPARTMENT OF CHILDREN’S ) February 5, 1999 SERVICES, ) NO. 01A01-9806-JV-00275 Cecil W. Crowson Petitioner/Appellee ) Appellate Court Clerk v. ) HON. JOHN B. MELTON, III ) JUDGE TAMRA LEANN VIAR, ) Respondent/Appellant ) and ) ) JOHN FITZGERALD GROSS, ) (Present Whereabouts Unknown) ) and ) ) THE UNKNOWN FATHER OF ) KATELYN NICOLE VIAR, ) (Present Whereabouts Unknown) ) Respondents. ) ) IN THE MATTER OF: ) KATELYN NICOLE VIAR ) Date of Birth: 9/22/95 )

ORDER ON PETITION TO REHEAR

We have reviewed the Petition to Rehear filed on behalf of the Attorney

General and conclude that the Petition should be denied for the following

reasons.

1. The Attorney General contends that the State has proved the gounds set out

in T.C.A. § 36-117(g)(3)(A), thereby justifying termination of parental rights.

We find, however, that the testimony concerning the mother’s current

relationship with her child does not meet the requirements of 36-117-

(g)(3)(A)(i) and (iii) by clear and convincing evidence.

2. The Attorney General contends that the return of the child to the custody of

her mother presents a threat to the child’s safety. We disagree, and reference

the testimony of Lynn Lawrence, Kenneth Hazel, Lorett Quarcoo, Debbie Holder, Ann Richey, Rita Waller, Carolyn Thomas and Dale Peterson, all of

whom have been in personal contact with the mother and child.

The Petition to Rehear is denied at the costs of the Attorney General.

______________________________ William H. Inman, Senior Judge

_______________________________ Houston M. Goddard, Presiding Judge

_______________________________ Herschel P. Franks, Judge