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State9/25/2001
Assigned on Briefs August 3, 2001 Session
These parents of three minor children ("Children") were arrested in April 1998, while the Children were with them, for possession of a firearm, drug possession, and public intoxication. The State of Tennessee, Department of Children's Services ("DCS"), filed a Petition for Temporary Custody of the Children which was granted. Thereafter, DCS entered Plans of Care with the Juvenile Court with which the parents, D.R. ("Mother") and L.M.R. ("Father"), had agreed. The Children remained in foster care for eighteen months during which time the parents were to work toward completing the goals set forth in the Plans of Care so they could be reunited with the Children. In August 1999, DCS filed a Petition to Terminate Parental Rights. The Juvenile Court Referee heard this petition in October 1999, and granted it. The Juvenile Court Referee's Termination of Parental Rights and Final Decree of Guardianship was entered in April 2000 and confirmed by the Juvenile Court Judge in June 2001. Both Mother and Father appeal. We affirm.
Tenn. R. Civ. P. 3 Appeal as of Right; Judgment of the Juvenile Court Affirmed; Case Remanded.
D. Michael Swiney, J., delivered the opinion of the court, in which Houston M. Goddard, P.J., and Herschel P. Franks, J., joined.
OPINION
Background
In April 1998, the State of Tennessee, Department of Children's Services obtained temporary custody of the three minor children of, Mother, age 24, and Father, age 38, who were married in 1993. Mother's arrest for possession of a firearm and Father's arrest for public intoxication and possession of a Schedule V substance, Xanax, precipitated the filing of a Petition for Temporary Custody by DCS. At the time of the parents' arrests, the minor Children, approximate ages one, three, and four, were in a vehicle with their parents in a neighborhood known for drug activity. During the parents' arrest in April 1998, one of the arresting officers pointed his gun at Father. The oldest Child, age four, in an effort to protect Father, put himself in harm's way between the officer and Father. This Child also told the police officer that they were not there to buy drugs and that Mother's gun was not loaded.
Both parents were incarcerated for a short period of time after their arrests. DCS' Petition for Temporary Custody was granted by the Juvenile Court. Thereafter, Mother absconded with the Children to an unknown location. This precipitated the filing of a second Petition for Temporary Custody by DCS. Mother, acting upon the advice of her attorney, returned the Children shortly thereafter to DCS custody. About the same time, Father attempted suicide and was admitted to a psychiatric hospital. In May 1998, Father began a jail sentence related to his April 1998, arrest and was incarcerated until late July 1998.
DCS entered Plans of Care with the Trial Court, and a Guardian ad litem was appointed. The Plans of Care prepared by DCS required the parents to take several affirmative steps to regain custody of the Children. The parents' goals included obtaining drug and alcohol counseling to become alcohol and drug free; avoiding others involved or associated with criminal activity; maintaining a stable, safe, and clean home for the Children; obtaining regular medical care for the Children; attending parenting classes and counseling for domestic violence; and informing DCS of any changes in address or circumstances.
In June 1998, the Guardian ad litem's first report was filed and recommended that the Children remain in protective custody. This report outlined violent acts between the parents and by others which were wit
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