HDH v. Prentiss County Dep't of Human Serv.
| Docket Number: | 2007-CA-00706-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of parental rights - Physical and sexual abuse - Section 97-15-103 Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-30-2007 Appealed from: PRENTISS COUNTY CHANCERY COURT Judge: Michael Malski Disposition: TERMINATED THE PARENTAL RIGHTS OF BOTH BIOLOGICAL PARENTS Case Number: 2006-141-59 |
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| Party Name: | Attorney Name: | |||
| Appellant: | H.D.H. |
DANIEL KEITH TUCKER |
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| Appellee: | PRENTISS COUNTY DEPARTMENT OF HUMAN SERVICES, BY TRACY MALONE, SOCIAL SERVICES REGIONAL DIRECTOR, B.E.H., G.H.H. AND M.E.H., MINORS, BY AND THROUGH THEIR NEXT FRIEND, TRACY MALONE | OFFICE OF THE ATTORNEY GENERAL BY: CYNTHIA TOMLINSON EUBANK |
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| Topic: | Termination of parental rights - Physical and sexual abuse - Section 97-15-103 |
| Summary of the Facts: | The Prentiss County Department of Human Services filed a petition to terminate parental rights of H.D.H. and the natural mother, T.H. The chancery court terminated the rights after a hearing, and H.D.H. appeals. |
| Summary of Opinion Analysis: | H.D.H. argues that the chancellor erred in terminating his parental rights, because there was no evidence in the record supporting the chancellor’s determination that all three children had been victims of a series of abusive incidents and no one was ever charged for the sexual abuse of the children. The chancery court found that H.D.H. and T.H. could not be said to be morally and mentally unfit by clear and convincing evidence. In addition, the chancery court could not find that the parents had no contact with the children, such that they were constructively abandoned. However, the chancery court did find that the children had been the victims of physical and sexual abuse, which have caused them permanent emotional and psychological damage. The chancery court also determined that all the children had been in the custody of DHS for four years or more, and DHS had made diligent and ongoing efforts to implement a plan to return all three children to their parents. The chancery court found that H.D.H.’s implementation of DHS’s plan had been less than satisfactory, and the court further found that both parents had exhibited behavior that made it impossible to return the children to them. The chancery court determined that both parents pleaded guilty and were convicted of felonious child abuse under section 97-5-39(2), a ground for termination of parental rights. While H.D.H. argues that he only pleaded guilty to abuse of one of the children and not the other two, abuse of one child is enough under section 93-15-103(3)(c) to terminate H.D.H.’s parental rights to all three children. The chancellor properly considered all of the factors listed in section 97-15-103 when he determined that termination of H.D.H.’s parental rights was proper. |
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