In re Rufus C.

660 S.W.3d 725

IN RE RUFUS C.

No. M2021-01538-COA-R3-PT

Court of Appeals of Tennessee, MIDDLE Section, AT NASHVILLE.

Assigned on Briefs August 1, 2022

FILED September 12, 2022

Permission to Appeal Denied by Supreme Court: December 12, 2022

James Patterson, Lebanon, Tennessee, for the appellant, Christina C.

Herbert H. Slatery, III, Attorney General and Reporter; and Erica M. Haber, Assistant Attorney General, for the appellee, the Tennessee Department of Children's Services.

D. Michael Swiney, C.J., delivered the opinion of the court, in which Andy D. Bennett and Kenny W. Armstrong, JJ., joined.

D. Michael Swiney, C.J.

This appeal concerns the termination of a mother's parental rights to her child. The Tennessee Department of Children's Services ("DCS") filed a petition in the Juvenile Court for Wilson County ("the Juvenile Court") seeking to terminate the parental rights of Christina C. ("Mother") to her minor child Rufus C. ("the Child"). After a hearing, the Juvenile Court entered an order terminating Mother's parental rights. Mother appeals. We find, as did the Juvenile Court, that the grounds of severe child abuse and persistent conditions were proven against Mother by clear and convincing evidence. However, due to ambiguity in the Juvenile Court's order, we vacate the ground of abandonment by failure to provide a suitable home. We further find, also by clear and convincing evidence, that termination of Mother's parental rights is in the Child's best interest. We affirm the Juvenile Court's judgment, as modified, terminating Mother's parental rights to the Child.

Background

The Child was born to Mother and her then-husband, R.C. ("Father"), in January of 2012.¹ Mother and Father lived in Alabama. They had a tumultuous relationship, and divorced in 2014. Mother and Father continued to live with one another after their divorce. Mother later left Father and moved in with Justin C., whom she eventually married. Mother took the Child from Father and moved to Hopkinsville, Kentucky. Soon thereafter, Mother and the Child moved to Tennessee. Mother did not enroll the Child in school in either Kentucky or Tennessee. By 2020, Mother was romantically involved with Michael B. Both Mother and Michael B. already were married.

In October 2019, DCS received a referral alleging lack of supervision, drug-exposed child, educational neglect, and sexual abuse. Mother was living in a hotel at the time. Mother tested positive for THC, amphetamines, and methamphetamine. DCS filed a dependency and neglect petition. After a preliminary hearing, the Juvenile Court found the Child dependent and neglected. The Child entered DCS custody on October 29, 2019. He was placed in the home of Mr. B. ("Foster Father") and Ms. B. ("Foster Mother") ("Foster Parents," collectively). In December 2019, a permanency plan for Mother was ratified. Mother's responsibilities under the plan required her to, among other things, seek treatment for drug abuse and secure suitable housing. Subsequent revisions of the plan largely kept the same responsibilities, although a secondary goal of adoption was added. In June 2020, DCS filed a supplemental dependency and neglect petition to allege severe child abuse based upon the Child having tested positive for methamphetamine in December 2019.

On November 3, 2020, DCS filed a petition in the Juvenile Court seeking to terminate Mother's parental rights to the Child. DCS alleged against Mother the grounds of abandonment by failure to provide a suitable home, substantial noncompliance with the permanency plans, persistent conditions, severe child abuse, and failure to manifest an ability and willingness to assume custody. DCS also alleged that termination of Mother's parental rights would be in the Child's best interest. This case was tried in October and December of 2021. We proceed to review the pertinent testimony from trial.

Christa Hodge ("Hodge"), a foster care worker with DCS, testified. Hodge was assigned to the Child's case. When the Child entered DCS custody on October 29, 2019, Mother was living in a hotel with her husband, Justin C. Mother then began a series of moves. She lived in a tent "in the woods" for a while. Mother eventually separated from Justin C. due to domestic violence. In January 2020, she went to live with a friend. Hodge stated: "I did explain to [Mother] that that could be a -- well, obviously, if it was stable enough and if that was a long-term home for her, that we could work towards the child coming there, but she did not reside there long enough for us to even more forward with that." Mother's residence lacked a heating or cooling system. Hodge helped Mother by providing her with heaters. By March 2020, Mother was romantically involved with Michael B. According to Hodge, Mother lacked suitable housing during this period. Hodge testified:

Q. (By [DCS attorney] Mr. Cochran) Now, during that period of time, the initial four-month window after [the Child] came into custody, do you recall -- I mean, obviously, we were -- we created the permanency plan. Do you recall doing anything specific or having any specific conversations with the mother about housing?

A. Can I -- can you rephrase that question?

Q. Yeah. So in addition to sort of just having CFTMs, you know, discussing the case generally, do you remember -- and if the answer is no, that's fine --

A. Uh-huh.

Q. -- but do you recall if there were any specific conversations or specific emphasis on housing -- on her housing?

A. No.

Q. Okay. Did she ever ask for any assistance with housing?

A. She did not.

Q. Now, you did mention earlier at some point, though, you helped her with some heating?

A. Yes, the -- with the family friend [R.] in Centerville, Tennessee.

Q. Okay. Is that something you just knew to do, or did you-all have a conversation about it?

A. She had asked me, that they needed some type of heating system, and I was able to reach out to our resource linkage and get those. I got her a couple of heaters that I was able to bring to her.

Q. And when you say you got her some, is that something that we got through, sort of, a charity, or did the Department pay for those, or do you recall?

A. I think it was with the -- some outside resources that the resource linkage was able to -- like a church or something that was able to provide them to us.

Q. Okay. But you yourself was -- you were involved in securing that?

A. Yes.

Hodge then testified to Mother's drug screens. Mother last tested positive for methamphetamine in January 2020. Mother's drug screens through June of 2021, however, all came back negative for methamphetamine. In December 2019, Mother completed a specialized assessment through Health Connect America. This assessment focused on parenting as well as alcohol and drugs. It also had a clinical component. Mother completed certain of the therapy. However, Hodge stated that Mother had not completed the recommended intensive outpatient program. With respect to whether Mother had a job, Hodge testified that Mother never provided her with a W-2, a pay stub, or a schedule from an employer. Mother instead gave Hodge a piece of paper the day before trial stating that Mother was working for a family, cleaning and doing various tasks. As of trial, Mother resided with Michael B. in a home he rented. Mother was on the lease, as well. Hodge had visited this home. It was a two-bedroom home with one bath. Mother, Michael B., and four of Michael B.’s children lived in the home. Hodge described the home:

There was some broken -- there was a broken window when I entered -- when I entered into, like, the driveway area. There is no central ... air within the home. They do have -- they had two little, like, AC units, one in the main room and one in the living room, but it did not cool the entire house. When you step into the kitchen, it was significantly warm. I actually had to ask [Mother] for me to, like, step outside just because I was profusively [sic] sweating just standing in there with [Mother]. The home had electricity but there was no central ... air.

Mother told Hodge that it was "very expensive" to fix the heating and cooling system. With regard to the Child's diagnoses, Hodge stated that he has an intellectual disability "along with the autism spectrum." Hodge stated that the Child's needs are being met by Foster Parents. Foster Mother is a school bus driver. Foster Father is a special needs teacher. Hodge testified that, to her knowledge, Mother never utilized any resources to assist in understanding how to deal with the Child's special needs. However, Mother did regularly visit the Child. Also, Mother had obtained a valid Tennessee driver's license. Hodge testified that, in all, Mother lived in six different locations over the course of the custodial episode.

Regarding persistent conditions, Hodge stated that the original conditions causing the Child's removal were "[d]rug exposure, lack of supervision, educational neglect, and the possibility of sexual abuse." Hodge testified that drug exposure did not appear to be an issue for Mother as of trial. At this point, DCS attempted to enter into evidence a hair follicle test result document showing that the Child tested positive for methamphetamine in December 2019. Mother's counsel objected, but the evidence was entered over the objection. Hodge testified that the Child tested positive for methamphetamine in December 2019. Asked what concerns she had about the Child being placed with Mother, Hodge stated: "My concern is that [Mother] continues to show instability that brought the concerns to the Department of Children's Services on October 29, 2019, and that those could not be fixed of some sort in order for [the Child's] health, well-being, so forth, and long term." Hodge testified that on one occasion, DCS had to approach the court because Mother would not allow the Child's hair to be cut even though the Child himself wanted his hair cut. DCS also had to approach the court when Mother refused to allow the...