In Re Elijah H.

This termination of parental rights case focuses on Elijah H. (“the Child”), the minor child of Amanda H. (“Mother”) and Kevin W. (“Father”).  In March 2019, the Tennessee Department of Children’s Services (“DCS”) filed a petition to terminate the parental rights of Mother and Father in the Wilson County Juvenile Court (“trial court”).  The Child had previously been removed from Mother’s custody after he was born exposed to drugs.  Father was incarcerated prior to the Child’s birth and has remained so continuously since that time, awaiting trial for pending criminal charges, including first degree murder.  During a bench trial, Mother voluntarily surrendered her parental rights to the Child. At the conclusion of the bench trial, the trial court terminated Father’s parental rights to the Child, finding by clear and convincing evidence that Father had abandoned the Child by exhibiting wanton disregard for the Child’s welfare prior to Father’s incarceration and that Father had failed to manifest an ability and willingness to assume legal and physical custody of or financial responsibility for the Child.  The trial court further found by clear and convincing evidence that it was in the Child’s best interest to terminate Father’s parental rights.  Father has appealed.   Having determined that DCS presented insufficient evidence that Father knew of the Child’s existence at the time of his criminal behavior, we reverse the trial court’s finding that Father abandoned the Child by exhibiting wanton disregard for the Child’s welfare.  We affirm the trial court’s judgment in all other respects, including the termination of Father’s parental rights.