In Re Bailey W., et al

This case involves termination of the parental rights of a mother to her four children. After investigating a report of drug exposure, the Tennessee Department of Children’s Services (“DCS”) obtained emergency temporary custody of the children. Ten months after the children were removed from the mother’s home, DCS filed a petition to terminate the mother’s parental rights on the grounds of abandonment by willful failure to support and failure to establish a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions. The juvenile court found all grounds were established by clear and convincing evidence and that termination of the mother’s parental rights was in the children’s best interests. The mother appeals both the grounds for termination and that termination was in the children’s best interests. The mother also argues her due process rights were violated because the court admitted testimony by deposition. Although we conclude that the proof was less than clear and convincing that the mother willfully failed to support her children, we affirm the termination of parental rights.