Tennessee Supreme Court Says DCS Has No Duty to Make “Reasonable Efforts” at Reunification in Termination of Parental Rights Cases: In re Kaliyah S.


Herston on Tennessee Family Law

Knoxville family law attorneys Are these DCS case workers and trial lawyers after this opinion was released?

Facts: While Father was incarcerated, the Department of Children’s Services (DCS) petitioned to terminate his parental rights on the statutory ground of abandonment by wanton disregard for the child’s welfare.

The trial court concluded DCS was not required to make reasonable efforts to assist Father regarding reunification with Child because the statutory ground of abandonment by wanton disregard had been proven by clear and convincing evidence.

The trial court went on to find grounds for termination and that termination was in Child’s best interest. Father’s parental rights were terminated.

In a 2-1 decision, a divided Court of Appeals reversed the trial court.

The Tennessee Supreme Court granted permission to appeal.

On Appeal: The Court of Appeals was reversed.

In the courts below, the issue was when DCS was relieved of its duty to…

View original post 1,408 more words

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