Assigned on Brief March 1, 2017
from the Circuit Court for Franklin County No. 2016-CV-36
Justin C. Angel, Judge
appeals the circuit court's dismissal of her de novo
appeal of the juvenile court's dependency and neglect
order. We agree with the circuit court that the juvenile
court's adjudicatory order was not a final order subject
to appeal to the circuit court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
A. Isbell, Winchester, Tennessee, for the appellant, Rachel
F. Davis, Winchester, Tennessee, for the appellees, Jodi M.E.
and Jerry W.C.
D. Bennett, J., delivered the opinion of the Court, in which
Charles D. Susano, Jr., and Kenny W. Armstrong, JJ., joined.
D. BENNETT, JUDGE
and Procedural Background
M.C. ("Mother") and Jerry W.C. ("Father")
are the biological parents of Conner J.C., Elanina M.C., and
Mary E.C. On November 10, 2015, Jodi M.E.,
Father's girlfriend, filed a petition for emergency
temporary custody in juvenile court against Mother and Father
regarding their three minor children. In the petition, Jodi
M.E. alleged as follows:
The children are neglected and dependent by their mother. I
am filing for emergency custody of the children due to the
father being shot in the chest at child swap by the
mother's husband. We fear the mother will attempt to take
the children to her residence in Shelbyville where the
children would be around their step-father that shot their
father in front of them.
November 11, 2015, the juvenile court entered an order
granting temporary custody to Jodi M.E. and set a hearing for
November 18, 2015.
the preliminary hearing on November 18, the juvenile court
entered an order on November 25, finding that there was
"probable cause of dependency and neglect against the
mother." The court placed temporary custody with Jodi
M.E. and granted Mother visitation every other Saturday
supervised by the maternal grandmother. The court also
appointed a guardian ad litem and set the case for an
adjudicatory hearing on December 16, 2015.
December 16, the parties agreed to continue the case and
reset the adjudicatory hearing for February 10, 2016. The
parties further agreed that temporary custody remain with
Jodi M.E., that the maternal grandmother be granted the
parenting time allotted to Mother in the parenting plan
(entered by the juvenile court prior to the dependency and
neglect petition), and that Mother have 24-hour supervised
visitation during the maternal grandmother's weekend
hearing was held on February 10, 2016. The juvenile
court found that Jodi M.E. and Father had met their burden of
proof against Mother by clear and convincing evidence of
dependency and neglect of the three minor children. The court
awarded temporary custody to Father and Jodi M.E. and awarded
the maternal grandmother visitation on the weekends allocated
to Mother in the parenting plan. Mother was given supervised
visitation of one 24-hour period each weekend when the
maternal grandmother had the children. The court further
4.. . . [M]aternal grandmother shall not allow[ ] smoking at
her residence in the children's presence. She shall
follow the doctor's recommendations regarding dust mite
covers for the children's pillows and mattresses, weekly
washing their ...