State of Tennessee, Department of Childrens Services v. Tamra Leann Viar and John Fitzgeral Gross, In the Matter of Katlyn Nicole Viar ( 1999 )

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE FILED STATE OF TENNESSEE ) CANNON COUNTY DEPARTMENT OF CHILDREN’S ) February 5, 1999 SERVICES, ) NO. 01A01-9806-JV-00275 Cecil W. Crowson Petitioner/Appellee ) Appellate Court Clerk v. ) HON. JOHN B. MELTON, III ) JUDGE TAMRA LEANN VIAR, ) Respondent/Appellant ) and ) ) JOHN FITZGERALD GROSS, ) (Present Whereabouts Unknown) ) and ) ) THE UNKNOWN FATHER OF ) KATELYN NICOLE VIAR, ) (Present Whereabouts Unknown) ) Respondents. ) ) IN THE MATTER OF: ) KATELYN NICOLE VIAR ) Date of Birth: 9/22/95 ) 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 gounds 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 2