TN Dad’s Parental Rights Terminated After Drunk Driving Death of Mom

Tennessee law case summary on termination of parental rights in family law from the Court of Appeals.

In re T.F.H., et al. – Tennessee divorce parental rights termination.

In 2010, a mother, father, and their two children were involved in a one-car accident in North Carolina.  The father was driving the vehicle, and the mother was thrown from the car and killed from traumatic chest and neck injuries.  The father was charged with various felonies relating to the accident, and he subsequently moved with the children to Tennessee.

The next year, the Tennessee Department of Children’s Services became involved after being informed that one of the children was being medically neglected.  The child had severe diabetes, and the school reported that the child was being sent to school without medication or testing supplies.  Investigation revealed that there had been a history of medical neglect in North Carolina, and two other children had been removed from the mother and father’s custody at one point.  The father was interviewed, and at one point mentioned that he had to go to court over a “little accident,” the one in which the mother was killed.  He was subsequently jailed for failing to appear for those charges and was sent to North Carolina for trial.  In 2012, he was convicted in North Carolina and sentenced to 19-32 months in prison.  About a month later, Tennessee filed a petition to terminate his parental rights.  At the time of trial, the children had been with a pre-adoptive foster family for about 15 months.  They were described as being very happy and safe in the foster home.  At the trial, the father testified that he loved the children, but couldn’t recall the last time he had seen them.

After hearing the evidence, the Juvenile Court for Hamblen County, Judge Mindy Norton Seals, terminated the father’s parental rights.  She found that this was appropriate due to abandonment by wanton disregard, non-support, and severe child abuse.  She also found that termination was in the best interest of the children.

The father than appealed to the Tennessee Court of Appeals.  That Court affirmed, since it found that all of these grounds were supported by clear and convincing evidence.  It first noted that the father’s multiple incarcerations for alcohol, including the one that resulted in the death of the mother, were sufficient to show wanton disregard for the children, particularly since the children witnessed the death.  The lack of medical care also supported this finding.

The appeals court also found that the evidence supported the finding that the father knew of his obligation to provide support, but failed to do so.

Finally, the appeals court agreed with Judge Seals’ finding that causing the death of the mother constituted severe child abuse.  For these reasons, the Court of Appeals agreed that termination of parental rights was in the best interest of the children, and affirmed the trial court’s ruling.

No. E2013-01147-COA-R3-PT (Tenn. Ct. App. Feb 28, 2014).

See original opinion for exact language.  Legal citations omitted.