In Re Serenity S. et al.

This action involves the termination of a mother’s parental rights to her minor children based upon the statutory grounds of substantial noncompliance with the permanency plan, the persistence of conditions which led to removal, and failure to manifest an ability and willingness to assume custody of the children. A panel of this court reversed the trial court’s initial determination, holding that the petitioners proved no statutory grounds for termination by clear and convincing evidence. In re Serenity S., No. M2022-01091-COA R3-PT, 2023 WL 4884040 (Tenn. Ct. App. Aug. 1, 2023) (“Serenity I”). Upon remand from this court, the petitioners amended their termination petition to include the statutory ground of abandonment. The trial court conducted a new hearing and found that clear and convincing evidence established abandonment by failure to remit child support and the persistence of conditions which led to removal. The court also found that clear and convincing evidence established that the termination of the mother’s parental rights was in the best interest of the children. We now reverse and vacate the order of termination, holding that the petitioners have again proved no statutory grounds for termination by clear and convincing evidence.