State of Tennessee, Department of Children's Services v. Christina Marie Keelyn and Edward Malachowski

This is an appeal from an unusual order in a termination of parental rights case.  The child involved in this action was placed into state custody soon after the child’s birth, because both the mother and the child tested positive for cocaine.  The child was placed in the custody of a foster mother who was a single parent.  The state filed a petition to terminate the parental rights of the biological parents of the child. After a trial, the trial court terminated the parents’ parental rights. Additionally, the trial court sua sponte ordered the state to find a suitable dual-parent home in which to place the child and ordered the state to consult with private adoption agencies to accomplish this task.  The state now appeals the portion of the trial court’s order requiring it to place the child in a dual-parent home.  There is no appeal from the termination of parental rights. We reverse the trial court’s order regarding placement of the child, concluding that the trial court was without jurisdiction to adjudicate placement of the child after the parents’ rights were terminated and the state was given complete guardianship over the child.