Court Divided over Substantial Noncompliance with Permanency Plan in Bradley County, TN Termination of Parental Rights: In re Damien G. M.

Herston on Tennessee Family Law

Facts: Mother and Father are the parents of Child. They never married. Child lived with Mother.

The Tennessee Department of Children’s Services (DCS) received a referral alleging that Child had been exposed to drugs.

When Mother appeared in court, she notified the court that she was homeless and without income. After Mother tested positive for methamphetamine, the court placed Child in DCS custody.

After Child was removed from Mother’s custody, DCS approached Father about Child possibly living with him. When he was drug tested, however, Father also tested positive for methamphetamine.

Shortly thereafter, Child — who was three years old at the time — was given a hair follicle drug test and tested positive for methamphetamine. (!!!)

Child was found to be dependent and neglected. A permanency plan was developed that required Father to

  • sign all releases for DCS to obtain information;
  • submit to random drug screens;
  • refrain…

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