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awarenessadventurer ago

EXCERPT 2:

No expert testified at trial as to Mother’s mental condition. However, evidence in the record on appeal reflects that on different occasions, Mother has been diagnosed with or shown signs of suffering from “subtle thought disorder,” “unspecified schizophrenia spectrum and other psychotic disorder,” and anxiety disorder. Apart from those considerations, perhaps the most glaring evidence concerning this issue comes from Mother’s own testimony at trial. Mother testified at great length about her concerns over her or the child being victimized by human organ traffickers, satanic conspirators, and other alleged nefarious forces. This is, of course, a free society, and Mother is entitled to her personal beliefs. However, as pertains to the Child’s welfare, these beliefs and patterns of thinking have serious ramifications that are of public concern. In our judgment, Mother’s untreated paranoia prevents her from making well-founded decisions necessary to successfully parent the Child. To review, DCS became involved in this case in part because of the Child’s lack of proper education. Any doctor, teacher, or official or authority of any sort, from Mother’s perspective, could be an organ trafficker or satanic occultist in disguise. Were Mother to resume parenting the Child, critical decisions necessary for the Child’s welfare likely would be made in this outlandish context. Moreover, Mother has shown zero genuine inclination toward remedying her mental health issues. In fact, as demonstrated by her own testimony, Mother will not commit to cooperate fully with the recommendations of mental health experts. It is, therefore, unlikely that Mother’s mental health issues ever could be rectified to an extent that she could assume responsibility for the care of the Child. We find, as did the Juvenile Court, that the ground of mental incompetence has been proven by clear and convincing evidence. We affirm this ground. The final issue we address is whether the Juvenile Court erred in finding that termination of Mother’s parental rights is in the Child’s best interest. The evidence does not preponderate against the Juvenile Court’s findings relative to this issue. The Child is doing well in her foster home. While there is evidence of a bond of love between Mother and the Child, this fact is outweighed by the appropriateness of the Child’s current placement as opposed to the serious hazards implicit in a return to Mother’s care given Mother’s ongoing and unresolved mental health issues. We find by the standard of clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s parental rights is in the Child’s best interest.

In summary, we reverse the grounds of willful failure to support and persistent conditions. We affirm the grounds of substantial noncompliance with permanency plan and mental incompetence. We also affirm the Juvenile Court’s determination that termination of Mother’s parental rights is in the Child’s best interest. We, therefore, affirm the Juvenile Court’s termination of Mother’s parental rights. Conclusion The judgment of the Juvenile Court is affirmed, in part, and reversed, in part, and this cause is remanded to the Juvenile Court for collection of the costs below. The costs on appeal are assessed against the Appellant, Judith B., and her surety, if any.


D. MICHAEL SWINEY, CHIEF JUDGE http://tncourts.gov/sites/default/files/inrelorendab.opn_.pdf

Laskar ago

Sure, as if a normal person wouldn't have "anxiety" when their child is taken away.