Facts: Mother and Father are the parents of a boy and a girl. The Department of Children’s Services (“DCS”) became involved with the family after receiving a referral that the boy was drug-exposed in utero. Mother was drug tested 20 times during the pregnancy and tested positive for THC 16 times, oxycodone five times, and Suboxone twice. DCS petitioned to find the children dependent and neglected.

While working on their permanency plan, neither parent remained in contact with their court-ordered services, and they struggled to maintain stable housing. Mother continued to test positive for amphetamine, methamphetamine, methadone, and THC.

Over two years later, DCS petitioned to terminate Mother’s and Father’s parental rights.

The trial court found grounds for termination due to the parents’ failure to manifest the ability and willingness to assume custody, as well as the persistence of conditions. As for the grounds of persistence of conditions, the trial court found that Mother lived in a sober living home and continued to lack transportation. Father also continued to lack stable housing and transportation. Their parental rights were terminated.

Both parents appealed.

On Appeal: The Court of Appeals vacated one ground but affirmed the other ground and the termination of parental rights.

Parents have a fundamental constitutional interest in the care, custody, and control of their children. When a parent has abandoned their child or acted in a way that substantially harms their child, the state may begin proceedings to terminate the parent’s rights. A parent’s rights may be terminated upon clear and convincing evidence that grounds for termination exist and that termination is in the child’s best interest.

One ground for termination in Tennessee is persistence of conditions. This is where a child has been removed from the parents’ home for six months through a court order and

• the conditions that led to the child’s removal persist, preventing the child’s safe return to the parent,
• there is little likelihood that these conditions will be remedied such that the child can be safely returned to the parent in the near future, and
• the continuation of the parent-child relationship greatly reduces the child’s chances of early integration into a safe, stable, and permanent home.

This ground focuses on the outcome of the parents’ efforts at improvement, rather than the fact that the parents made the efforts. It prevents the child’s lingering in the uncertain status of foster child if a parent cannot within a reasonable time show an ability to provide a safe and caring environment for the child. In addressing this ground, courts must answer the question of the likelihood that the child can be safely returned to the custody of the parent, not whether the child can safely remain in foster care.

The Court found that the trial court did not make a finding regarding the effect that the continuation of the parent-child relationship would have on the children:

When this Court reviews a termination order, we cannot simply review the record de novo and determine for ourselves where the preponderance of the evidence lies. Trial courts are specifically directed by statute to enter an order that makes specific findings of fact and conclusions of law when entering an order terminating a parent’s rights. In instances such as this one, where a trial court has failed to make adequate findings to support a termination ground, the appropriate remedy is to vacate that portion of the court’s order and remand for more detailed findings. Indeed, we have previously vacated a court order terminating a parent’s rights in cases where the court failed to make sufficient findings regarding each element found in the [persistence of conditions statute].

The Court vacated the trial court’s findings on the grounds of persistence of conditions but affirmed the other ground and that termination is in the children’s best interest. Thus, the termination of parental rights was affirmed.

Source: In re Alexis F. (Tennessee Court of Appeals, Middle Section, July 30, 2025).

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