In Re Allie-Mae K., Et Al. - Concurring In Part

While I concur with the end result reached by the majority in this case, I write separately to note my disagreement with the the majority’s suggestion that the split of authority surrounding In re Amynn K., No. E2017-01866-COA-R3-PT, 2018 WL 3058280 (Tenn. Ct. App. June 20, 2018) and In re Ayden S., No. M2017-01185-COA-R3-PT, 2018 WL 2447044 (Tenn. Ct. App. May 31, 2018), has been fully resolved in favor of In re Amynn K. See, e.g., In re Allyson P., No. E2019-01606-COA-R3-PT, 2020 WL 3317318, at *9 (Tenn. Ct. App. June 17, 2020) (following In re Ayden S. and reversing the trial court’s decision to terminate a mother’s parental rights based upon this ground when the proof showed that mother was unable to assume custody of her child but was not unwilling). As I perceive it, this split remains clear and irreconcilable.