In re D.C.C.

85 Citing cases

  1. In re Heavenly M.

    No. E2024-01255-COA-R3-PT (Tenn. Ct. App. Feb. 14, 2025)

    The purpose behind the "persistence of conditions" ground for terminating parental rights is "to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re A.R., No. W2008-00558-COA-R3-PT, 2008 WL 4613576, at *20 (Tenn. Ct. App. Oct. 13, 2008) (quoting In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008)). Id. at 605-06 (alteration in original).

  2. In re Whisper B.

    No. M2023-01313-COA-R3-PT (Tenn. Ct. App. Nov. 21, 2024)

    We have previously stated that "the purpose behind this ground is to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn Ct. App. Mar. 3, 2008). "'A parent's continued inability to provide fundamental care to a child, even if not willful, . . . constitutes a condition which prevents the safe return of the child to the parent's care.'"

  3. In re Cedric G.

    No. M2023-01799-COA-R3-PT (Tenn. Ct. App. Sep. 24, 2024)

    The purpose behind the "persistence of conditions" ground for terminating parental rights is "to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re A.R., No. W2008-00558-COA-R3-PT, 2008 WL 4613576, at *20 (Tenn. Ct. App. Oct. 13, 2008) (quoting In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008)). In re Navada N., 498 S.W.3d 579, 606 (Tenn. Ct. App. 2016).

  4. In re Metric D.

    No. M2023-00700-COA-R3-PT (Tenn. Ct. App. Aug. 27, 2024)

    The underlying purpose of this ground is to prevent a child from "lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008).

  5. In re Keira F.

    No. M2023-01184-COA-R3-PT (Tenn. Ct. App. Jul. 26, 2024)   Cited 1 times

    The purpose behind this ground for termination is "'to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child.'" In reA.R., No. W2008-00558-COA-R3-PT, 2008 WL 4613576, at *20 (Tenn. Ct. App. Oct. 13, 2008) (quoting In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008)). Therefore, the question we must answer is "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 ...."

  6. In re Antonio P.

    No. M2023-01260-COA-R3-PT (Tenn. Ct. App. Jul. 5, 2024)

    " In re A.R., [2008 WL 4613576, at *20] (quotingIn re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008)). In re Navada N., 498 S.W.3d 579, 605-06 (Tenn. Ct. App. 2016).

  7. In re Jaylynn J.

    No. M2023-01496-COA-R3-PT (Tenn. Ct. App. Jun. 11, 2024)   Cited 1 times

    In re B.A.C., 317 S.W.3d 718, 725 (Tenn. Ct. App. 2009) (citing In re Giorgianna H., 205 S.W.3d 508, 518 (Tenn. Ct. App. 2006)). The purpose behind the ground of persistent conditions "is to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008). While the parents' efforts "are part of our analysis on substantial noncompliance with the permanency plan, the ground of persistent conditions focuses on whether the parent's efforts have been fruitful, i.e., whether the parent has remedied the conditions that led to the child's removal or whether those conditions will be remedied at an early date in the near future."

  8. In re Temperance A.

    No. M2023-00641-COA-R3-PT (Tenn. Ct. App. Jun. 10, 2024)   Cited 3 times

    Tenn. Code Ann. § 36-1-113(g)(3)(A). See, e.g., In re Daymien T., 506 S.W.3d at 474; In re Jaylah W., 486 S.W.3d 537, 556 (Tenn. Ct. App. 2015); In re A.R., 2008 WL 4613576, at *20; In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008). Tenn. Code Ann. § 36-1-113(g)(3)(A)(ii).

  9. In re Miguel P.

    No. W2023-01261-COA-R3-PT (Tenn. Ct. App. Jun. 7, 2024)

    The purpose of this ground "is 'to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child.'" In re Navada N., 498 S.W.3d 579, 605 (Tenn. Ct. App. 2016) (citing In re A.R., No. W2008-00558-COA-R3-PT, 2008 WL 4613576, at *20 (Tenn. Ct. App. Oct. 13, 2008)) (quoting In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008)). Consequently, "[t]he failure to remedy the conditions which led to the removal need not be willful."

  10. In re Allison S.

    No. E2023-01072-COA-R3-PT (Tenn. Ct. App. May. 8, 2024)   Cited 3 times

    The purpose behind the ground of persistent conditions "is to prevent the child's lingering in the uncertain status of foster child if a parent cannot within a reasonable time demonstrate an ability to provide a safe and caring environment for the child." In re D.C.C., No. M2007-01094-COA-R3-PT, 2008 WL 588535, at *9 (Tenn. Ct. App. Mar. 3, 2008). While the parents' efforts "are part of our analysis on substantial noncompliance with the permanency plan, the ground of persistent conditions focuses on whether the parent's efforts have been fruitful, i.e., whether the parent has remedied the conditions that led to the child's removal or whether those conditions will be remedied at an early date in the near future."