State of Tennessee, Tennessee Department of Children's Services v. David H., et al.

Case Number
M2004-01043-COA-R3-JV

After a hearing, the Circuit Court declared seven children to be dependent and neglected and determined that their parents had committed severe child abuse. The parents claim on appeal that the court erred by refusing their request that counsel be appointed to represent them at the hearing.  After carefully reviewing the record, we find that the trial court failed to conduct a sufficient inquiry to determine whether or not the parents were financially able to retain their own counsel, and we accordingly vacate the order concluding that the children were dependent and neglected.

Authoring Judge
Judge Patricia J. Cottrell
Originating Judge
Judge Robert E. Lee Davies
Case Name
State of Tennessee, Tennessee Department of Children's Services v. David H., et al.
Date Filed
Dissent or Concur
This is a dissenting opinion
Download PDF Version