State Of Tennessee, Department Of Children's Services v. Ruth Sails, Sylvester Pollard, Kenny Jones, and Unknown Fathers

This is a termination of parental rights case. The appellant mother of four children has a history of mental illness and substance abuse. The children were taken into state custody based on the mother’s lack of safe and stable housing and her drug abuse. The children were then placed together in the home of their maternal grandmother and ultimately stayed in State custody for over eight years. For the first several years, the children’s permanency plans required the mother to obtain drug treatment, attend parenting classes, seek treatment for her mental health issues, and provide a stable home for the children. At various times, these goals were accomplished, but at other times they were not. In 2006, the state petitioned the trial court to permit the mother to regain custody of the children, indicating that the mother had fulfilled her responsibilities. Around the same time, however, the mother tested positive for illegal drugs. Soon thereafter, the state filed the instant petition to terminate the mother’s parental rights. After a trial, the trial court granted the petition for termination based on the ground of persistent conditions, finding that the State had made reasonable efforts to assist the mother and that the children’s best interest would be served by termination. The mother as well as the children’s guardian ad litem now appeal the termination. We reverse, finding that DCS failed to make reasonable efforts to assist the mother, particularly with respect to her underlying mental illness, and dismiss the petition to terminate her parental rights.