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In Re Tony W. H. et al.
State: Tennessee
Court: Court of Appeals
Docket No: M2012-01526-COA-R3-PT
Case Date: 12/12/2012
Preview:IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs October 31, 2012 IN RE TONY W. H. ET AL.1
Appeal from the Juvenile Court for Dickson County No. 1111099CC A. Andrew Jackson, Judge

No. M2012-01526-COA-R3-PT - Filed December 12, 2012

Mother of two children appeals an order terminating her parental rights. Both children were taken into Department of Children's Services custody after they tested positive for cocaine. The trial court found several grounds for termination and determined that termination is in the children's best interests. Mother contends the trial court erred in finding clear and convincing evidence that termination of her rights is in the best interest of the children. Finding no error, we affirm the trial court's judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Juvenile Court Affirmed A NDY D. B ENNETT, J., delivered the opinion of the Court, in which F RANK G. C LEMENT, J R., and R ICHARD H. D INKINS, JJ., joined. Peggy R. Smith, White Bluff, Tennessee, for the appellant, Candace H. Robert E. Cooper, Jr., Attorney General and Reporter, and Aaron E. Winter, Assistant Attorney General, for the appellee, State of Tennessee, Department of Children's Services. OPINION F ACTUAL AND P ROCEDURAL H ISTORY Tony H. ("Father") and Candace H. ("Mother") are the parents of Tony H., Jr. and Madison H. born August 11, 2004 and March 22, 2006, respectively. The children were taken into Department of Children's Services ("DCS") custody on March 17, 2011, after both children tested positive for cocaine. On September 14, 2011, the Dickson County Juvenile
1

This Court has a policy of protecting the identity of children in parental termination cases by initializing the last names of the parties.

Court entered an order adjudicating the children "dependent, neglected and severely abused." The Family Permanency Plan attached to the September 14 order included a section describing the events or conditions leading to DCS custody as follows: When interviewing [Mother], she stated that there was no need for a drug screen, that she would test positive for cocaine and opiates. A urine drug screen was completed and she tested positive for methadone in addition to cocaine and opiates. During the interview, [Mother] relayed that the only time cocaine was in their home was when her husband received a large load, and that he then took the cocaine to another location. . . . She denied knowing how her son would test positive for cocaine . . . [Tony H., Jr.] told a DCS worker on 03/17/2011, that he knew how to roll the "green crumbly stuff" in a cigarette. He also said that you could take a pill and pour the white stuff out, and use a straw to suck it up your nose. . . . On November 9, 2011, DCS filed a petition to terminate the parental rights of both parents.2 On June 1, 2012, the juvenile court held a hearing on the petition at which the DCS caseworker, Father, and Mother testified. The court entered an order terminating Mother's parental rights on June 20, 2012. Specifically, the court found the following grounds for termination by clear and convincing evidence: severe abuse, under Tenn. Code Ann.
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