In Re Serenity S. et al.

Heather B. ¹ (“Mother”) and John S., III (“Father”) are the biological parents of Serenity S. Mother and Raymond R. are the biological parents of Harmony R., Mellody O., and Angel O. Tina S. (“Grandmother”) and John S., Jr. (“Grandfather” or, together with Grandmother, “Petitioners”) petitioned the Chancery Court for Giles County (the “trial court”) for termination of Mother’s and Raymond R.’s parental rights in April of 2021 and for adoption of the children. Father voluntarily surrendered his parental rights as to Serenity S. As for the grounds for termination, Petitioners alleged: substantial noncompliance with the permanency plan, persistence of conditions, and failure to manifest an ability and willingness to personally assume legal and physical custody of the children. Following a bench trial, the trial court concluded that Petitioners proved all three statutory grounds for termination and that termination was in the Children’s best interests. Mother appeals to this Court. Having reviewed the record, we conclude that the trial court’s order must be vacated and remanded. Because Petitioners proved no statutory grounds for termination by clear and convincing evidence, we need not consider whether termination of Mother’s parental rights is in the Children’s best interests.