In the Matter of: K.H., S.F., A.F., & W.F.,Tarra Howell and Dennis Lee Moody v. Tanya Dee Ballard and Johnny Freeman

This case involves the termination of parental rights. The mother has a history of criminal activity and past incarcerations, including one for facilitation of murder, and is currently incarcerated. Between incarcerations, the mother lived with her boyfriend, the father of the two youngest of the mother’s five children. The mother’s boyfriend is incarcerated for raping and sexually abusing the mother’s two oldest daughters. With both the mother and her boyfriend incarcerated, the mother’s sister obtained custody of the children and filed this petition to terminate the mother’s parental rights. The trial court terminated the mother’s parental rights, finding several grounds for termination and that termination was in the best interest of the children. The mother appeals, arguing that the termination order did not satisfy the statutory requirements, that the trial court erred in finding that grounds for termination exist, and that termination of the mother’s parental rights is not in the best interest of the children. We find that the trial court’s order, while less than optimal, satisfies the requirements of the statute as to one ground for termination. As to that ground, clear and convincing evidence supports the trial court’s finding, as well as the finding that termination of the mother’s parental rights is in the children’s best interest. Therefore, we affirm.