In Re Edward R. - Concurring In Part and Dissenting In Part

Case Number
M2019-01263-COA-R3-PT

Although I concur with the end result reached by the majority in this case, I write separately to address two issues. First, while the majority correctly concludes that Mother’s parental rights should be terminated based upon the persistent conditions ground, more analysis is warranted in light of the sparseness of DCS’s case. Second, I must dissent from the majority’s decision to conclude, based on In re Amynn K., No. E2017-01866-COAR3-PT, 2018 WL 3058280 (Tenn. Ct. App. June 20, 2018), that DCS satisfied its burden of proving that Mother failed to manifest a willingness and ability to assume legal or physical custody of her children.  

Authoring Judge
Judge Kristi M. Davis
Originating Judge
Judge Douglas K. Chapman
Case Name
In Re Edward R. - Concurring In Part and Dissenting In Part
Date Filed
Dissent or Concur
No
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