In Re Liberty T.

In this case involving a petition to terminate the mother’s parental rights to her child and
to allow the petitioners to adopt the child, the trial court determined that one statutory
ground for termination had been proven by clear and convincing evidence. However, the
trial court further determined that the petitioners had failed to establish clear and
convincing evidence that termination of the mother’s parental rights was in the child’s
best interest. The trial court accordingly dismissed the petition and remanded to the
juvenile court’s protective jurisdiction. The petitioners have appealed the best interest
determination, and the mother has raised an issue regarding the statutory ground. We
affirm the trial court’s finding as to the statutory ground of failure to support. However,
having determined that under the facts of this case the trial court erred in applying the
statutory best interest factors applicable to the initial termination petition rather than
those applicable to the amended petition, we reverse the trial court’s best interest finding
and remand for reconsideration applying the amended best interest factors contained in
Tennessee Code Annotated § 36-1-113(i) (Supp. 2022).