In re K.O. et al.
Assigned on Briefs March 1, 2018
from the Juvenile Court for Smith County No. 2017JV46 Michael
trial court terminated the parental rights of
A.D.G. to her children, K.O. and K.G. Because the
court did not "make specific findings of fact and
conclusions of law, " Tenn. Code Ann. § 36-1-113(k)
(2017), we remand the case to the trial court for the entry
of an appropriate order.
R. App. P. 3 Appeal as of Right; Case Remanded with
Jacquelyn M. Scott, Carthage, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter, and
Alexander S. Rieger, Assistant Attorney General, Nashville,
Tennessee, for the appellee, Tennessee Department of
Charles D. Susano, Jr., J., delivered the opinion of the
court, in which Richard H. Dinkins, and Kenny W. Armstrong,
CHARLES D. SUSANO, JR., JUDGE
appeal, mother raises four issues. We reach only her first
issue. The resolution of that issue is dispositive of the
other issues. Mother's first issue is as follows:
Did the trial court err in failing to make specific findings
of fact to support its ruling that the [Department of
Children's Services] had proven the grounds for
termination by clear and convincing evidence?
agree with mother that the trial court erred in failing to
perform its statutory duty under Tenn. Code Ann. §
36-1-113(k). To its credit, the Department of Children's
Services (DCS) acknowledges the trial court's error.
conclusion of the trial, the court made the following
statements as taken verbatim from the trial transcript:
[The trial court]: All right. I'll find by clear and
convincing evidence abandonment by failure to support with
the ability to do so against the father. I find by clear and
convincing evidence abandonment, failure to ...