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In re D. B.6/13/2005
On the day the child in this case was born, June 2, 2001, her mother Ramona Bokan ("Mother") lived in a mobile home with no running water, no septic system, and no air conditioning. The mobile home had electrical wires hanging from the ceiling and dog feces on the floor; asphyxiating sewage fumes emanated from the nonfunctioning bathroom, blocked only by a door that Mother had removed from its hinges and placed in the hallway. The child's father, Aire Thomas Dailey ("Father"), lived with Mother but they were not married. Father had an extensive criminal history, including charges for the rape of a child, involving one of Mother's other two daughters. On the day the child was born, Father was incarcerated.
The child, D.B., was born on the floor of that mobile home. Because Mother had no telephone and no transportation, after she gave birth to D.B., Mother walked to a neighbor's house for help. From there, an ambulance transported D.B. to the hospital, where she was placed on a ventilator.
While D.B. was in the hospital, Mother came to the hospital for an overnight stay with her. When Mother arrived, she had been drinking, and the nurses required her to sober up before seeing D.B. During the night, Mother had to be awakened by the nurses to care for D.B.
Mother initially told the DCS investigator, Cindy Curtis ("Curtis"), that she intended to move in with D.B.'s paternal grandmother, Gladys Daily ("Grandmother"). However, when D.B. was ready for release from the hospital, Curtis visited Grandmother's home. Curtis noted that no baby items or necessities had been moved into Grandmother's home and saw no indication that Mother intended to move in with Grandmother. Curtis then sought emergency custody.
On July 13, 2001, when D.B. was a little over a month old, the State of Tennessee, on behalf of the Department of Children's Services ("DCS") petitioned the Juvenile Court of Benton County for temporary protective custody of her. The petition asserted that D.B. was a dependent and neglected child as defined under Tennessee law and that Mother was an improper guardian for her.
By order entered on July 13, 2001, the Benton County Juvenile Court ("Juvenile Court") placed D.B. in protective custody with DCS. After a preliminary hearing on August 14, 2001, the Juvenile Court adjudicated D.B. dependent and neglected and found that removal from Mother's home was the least drastic alternative available. In light of D.B.'s health problems, the Juvenile Court ordered Mother to complete CPR and Apnea Monitor training. Mother was also required to attend vocational rehabilitation counseling, have a neurological psychological evaluation, complete alcohol and drug assessment, and follow the recommendations of the counselors. The Juvenile Court ruled that, if custody of D.B. were returned to Mother, she could not return to her mobile home. Further, the Juvenile Court ordered visitation for Mother.
On August 7, 2001, Mother and Father signed an initial permanency plan ("Plan"). The Plan noted that Mother and Father had had physical altercations in the past and required Mother and Father to attend counseling to resolve relationship conflicts. The Plan required that Mother complete alcohol and drug assessment, receive individual counseling, and receive vocational counseling to enable her to financially support D.B. The Plan required that Father comply with probation after his release from prison, complete alcohol and drug assessment, submit to random drug screens, complete parenting classes, and complete CPR and Apnea monitoring classes. Additionally, the Plan required Mother and Father to maintain a safe and sanitary home and noted that the home would be s
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