Opinion
No. 01A01-9806-JV-00275.
Decided February 5, 1999.
CANNON COUNTY, HON. JOHN B. MELTON, III, JUDGE.
ORDER ON PETITION TO REHEAR
We have reviewed the Petition to Rehear filed on behalf of the Attorney General and conclude that the Petition should be denied for the following reasons.
1. The Attorney General contends that the State has proved the grounds set out in T.C.A. § 36-117(g)(3)(A), thereby justifying termination of parental rights. We find, however, that the testimony concerning the mother's current relationship with her child does not meet the requirements of 36-117-(g)(3)(A)(i) and (iii) by clear and convincing evidence.
2. The Attorney General contends that the return of the child to the custody of her mother presents a threat to the child's safety. We disagree, and reference the testimony of Lynn Lawrence, Kenneth Hazel, Lorett Quarcoo, Debbie Holder, Ann Richey, Rita Waller, Carolyn Thomas and Dale Peterson, all of whom have been in personal contact with the mother and child.
The Petition to Rehear is denied at the costs of the Attorney General.
______________________________ William H. Inman, Senior Judge
_______________________________ Houston M. Goddard, Presiding Judge
_______________________________ Herschel P. Franks, Judge