State of Tennessee, Department of Children's Services v. Sandra Lilly, in the Matter of K.M.

This case arises from the termination of parental rights of Mother and Father. Only Mother has appealed the decision of the trial court, terminating her parental rights on the grounds that (1) she abandoned Child by failing to visit, (2) she abandoned Child by failing to provide more than token support, and (3) the conditions which led to Child’s removal still persist. Mother appeals arguing that the State of Tennessee Department of Children’s Services failed to carry its burden of proof for these grounds. In addition, Mother argues that the Department of Children’s Services failed to prove that such termination of parental rights is in the best interest of Child. Finally, Mother argues the trial court committed prejudicial error when it allowed the rebuttal testimony of a witness in violation of the sequestration rule. For the following reasons, we affirm the decision of the trial court.