In Re Angela E. et al.

We granted this appeal to resolve a conflict within our Court of Appeals regarding the required contents of a trial court’s written order following a proceeding to terminate parental rights where the parent losing the rights does not oppose the termination. In this case, the trial court’s written order omitted findings of fact and conclusions of law concerning the grounds for termination. After rejecting the father’s contention that his rights were surrendered rather than terminated, the Court of Appeals held that the findings and conclusions required by statute were unnecessary because the father had consented to the petition to terminate. We agree with the Court of Appeals’ conclusion that the trial court terminated the father’s parental rights. Nonetheless, we hold that the trial court’s written order of termination must contain the findings and conclusions set forth in Tennessee Code Annotated sections 36-1-113(c) and (k), even where the parent consents to the termination of parental rights. Because the trial court’s order does not comport with the statute, we must reverse the judgment of the Court of Appeals and remand to the trial court for a new hearing
and the preparation of a written order that complies with the statutory requirements based on
the evidence introduced.