Facts: The Tennessee Department of Children’s Services (“DCS”) petitioned to terminate Mother’s and Father’s parental rights to their twins, born in July 2005, as well as Mother’s children with another father.

Mother admitted a long history of drug use, including during her pregnancy with her youngest child from another father. When the children came into DCS custody, Mother tested positive for methamphetamines and amphetamines.

Mother’s contact with the children was suspended until she passed a drug screen. Mother never submitted to a drug screen because she was still using drugs and knew she would not pass.

The trial court entered an order terminating the parental rights of Mother and both fathers to all five children, including the twins, who turned 18 years old before the termination order was entered.

Mother appealed, arguing the trial court erred in terminating her rights to the twins, who were adults when the order was entered.

On Appeal: The Court of Appeals reversed the trial court.

Tennessee law speaks to terminating parental rights “to a child.” It defines a child as a person under 18 years old. It also defines an adult as any person who is 18 or older.

Mother argued the trial court lacked the authority to terminate her parental rights to the twins. DCS conceded this issue on appeal, agreeing that the termination of Mother’s parental rights to the twins “is moot, as termination is only applicable to children.”

The Court agreed:

For the reasons stated in their briefs, we agree with Mother and DCS. Accordingly, we vacate the ruling by the trial court that terminates Mother’s parental rights to the twins….

The Court affirmed the termination of parental rights to the other children.

K.O.’s Comment: A somewhat similar issue was presented in In re Jose A., where the child was a minor when a guardianship petition was filed in juvenile court but turned 18 before the court entered the guardianship order. The Court of Appeals held the juvenile court lacked subject-matter jurisdiction to enter a guardianship order for an adult.

Source: In re Destiney S. (Tennessee Court of Appeals, Eastern Section, June 20, 2024).

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