In The Matter Of: C.N.S. and C.J.S.

Citation: Not availableDocket: M2001-02544-COA-R3-JV

Court: Court of Appeals of Tennessee; September 17, 2002; Tennessee; State Appellate Court

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The Court of Appeals of Tennessee affirmed the juvenile court’s decision to terminate the parental rights of C.E.S., the mother of two children, C.N.S. and C.J.S., based on multiple grounds, including her inability to meet their special needs. The Department of Children’s Services (DCS) had obtained custody of the children after reports of severe lice infestation and neglect of necessary medical appointments for C.J.S., who has cerebral palsy. Following the children's placement in foster care, DCS established a permanency plan outlining goals for the parents, including securing employment, adequate housing, medical care for the children, maintaining a clean living environment, completing parenting classes, attending counseling, and maintaining contact with the children.

C.N.S. disclosed to her foster mother and therapist that she had been sexually abused by her father, D.S., who was later charged with raping a child. The therapist, Dr. William Vaughn, reported concerning behaviors in C.N.S. and diagnosed her with several mental health issues, emphasizing the need to suspend family contact for her safety and well-being. DCS subsequently sought a temporary restraining order to prevent parental visitation, which the court granted, citing the risk of irreparable harm to the children. D.S. later accepted a guilty plea for the rape charge and was sentenced to fifteen years in prison. The appellate court found that the trial court's termination of parental rights was supported by clear and convincing evidence.

On April 30, 2001, the Department of Children's Services (DCS) filed a petition to terminate the parental rights of C.E.S. and D.S., citing grounds such as abandonment, non-compliance with the parenting plan, persistence of conditions, and incapacity to parent. A hearing took place on September 10, 2001, where both parents were represented by counsel, and a guardian ad litem represented the children's interests. The court dismissed the abandonment claim, deeming neither parent had willfully abandoned the children. D.S. announced his intention to voluntarily relinquish his parental rights after being temporarily released from prison.

Witnesses included the children’s maternal grandmother, their foster mother, a Department supervisor, and Dr. Vaughn. Following closing arguments, the guardian ad litem argued for termination of C.E.S.’s parental rights, which the trial court ultimately granted. The court found clear and convincing evidence of grounds for termination, including C.E.S.’s mental incapacity to parent and her failure to adhere to the care plan. The court ruled it was in the children's best interest to be placed under DCS guardianship, allowing for potential adoption.

In the appeal, it is acknowledged that parents have a fundamental right to custody, but this can be severed if there's clear and convincing evidence of appropriate grounds and that termination serves the children's best interests. Relevant state law outlines specific grounds for termination, including substantial non-compliance with care plans and conditions preventing safe return of children to parental custody. The trial court concluded that sufficient evidence supported these grounds. C.E.S. contested this, citing her testimony and improvements in her situation, arguing that these factors should negate the court's findings.

The court may terminate parental rights based on any grounds alleged in the petition, as long as at least one ground is supported by clear and convincing evidence, alongside a finding regarding the child's best interest. This case emphasizes the mother’s failure to meet the physical, medical, and emotional needs of her children, C.N.S. and C.J.S., aligning with Tenn. Code Ann. 36-1-113(g)(3)(A)(i), which allows termination due to conditions that could lead to future abuse or neglect. 

C.J.S. has significant medical challenges, including cerebral palsy and Rubenstein Taybi Syndrome, which affects her development and requires intensive care, including therapy and breathing treatments. Despite her foster mother's experience, caring for C.J.S. demands full-time attention. C.N.S. exhibits behavioral issues, including extreme nightmares and requires medication and therapy to manage her conditions. Dr. Vaughn emphasizes the importance of a supportive environment for C.N.S., as disbelief regarding her past abuse could lead to severe consequences.

The mother, C.E.S., has made strides towards stability, such as obtaining a three-bedroom home and pursuing her G.E.D., but she faces unresolved personal issues stemming from her own traumatic past, including sexual abuse and mental health disorders. She currently works night shifts, which may limit her availability to care for her children. Despite her mother's willingness to assist, C.E.S.'s history of mental health challenges, including bipolar disorder and anxiety, raises concerns about her capacity to provide the necessary care for her children.

C.E.S. demonstrates a limited understanding of cerebral palsy and her child's other medical issues and has only learned a few signs of sign language to communicate with C.J.S. She expressed disbelief regarding allegations of sexual abuse against her children by their father, citing a lack of observed behavior, and was uncertain about divorce plans, prioritizing her children if necessary. The court noted overwhelming evidence of C.N.S.'s severe prolonged sexual abuse and emphasized the importance of caregiver belief in her claims, suggesting C.E.S.'s denial could prevent the safe return of the children. The court concluded that C.E.S. lacks the necessary insight, skills, and knowledge for the children to be safely returned to her, with a high probability of further abuse or neglect if they were. Consequently, it recommended terminating her parental rights. 

C.E.S. argued that the Department of Children's Services (DCS) failed to make reasonable efforts for her rehabilitation and family reunification, including not conducting a requested home study on her mother’s residence and not placing the children with relatives, despite claims of relative support. However, the court found no evidence that these relatives could adequately meet the children's special needs. DCS's quarterly reports initially aimed for the children's return to their mother until sexual abuse allegations deemed that goal unrealistic. The Department had provided counseling and parenting classes for C.E.S. and arranged visitation prior to a restraining order, indicating reasonable efforts were made. The trial court's order was affirmed, and the case was remanded to the Juvenile Court of Maury County for further proceedings. Costs of the appeal were taxed to the appellant.