In re Termination of Parental Rights: J.J. v. Smith
| Docket Number: | 2009-CP-00210-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-23-2010 Opinion Author: Lee, P.J. Holding: Reversed, rendered and remanded |
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| Additional Case Information: |
Topic: Termination of parental rights - Clear and convincing evidence - Section 93-15-103(3) Judge(s) Concurring: King, C.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Dissenting Author : Myers, P.J., without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-07-2009 Appealed from: Forrest County Chancery Court Judge: Eugene "Gene" Fair Disposition: TERMINATED PARENTAL RIGHTS OF BIOLOGICAL PARENTS Case Number: 06-0651-GN-F |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | |||
| Appellant: | In the Matter of the Termination of Parental Rights: J.J. |
JENNIFER LYNN BLAIR |
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| Appellee: | Ann Smith and Bill Smith | PRO SE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Termination of parental rights - Clear and convincing evidence - Section 93-15-103(3) |
| Summary of the Facts: | An order granting emergency temporary custody of J.J.’s son, C.J., was granted to Ann and Bill Smith. The Smiths claimed that they were concerned about J.J.’s mental stability, and they requested that J.J.’s parental rights be terminated. They also sought to adopt C.J. J.J. objected and requested that the child be returned to her custody. C.J.’s biological father was given notice of the hearing, but he did not respond. Evidence was presented that he had never acted as a father to the child, and the chancellor terminated his parental rights. The chancellor also found that it was in the best interest of the child to terminate J.J.’s parental rights. J.J. appeals. |
| Summary of Opinion Analysis: | J.J. argues that the chancellor erred in terminating her parental rights. In order to terminate parental rights, the chancellor must find by clear and convincing proof that the parent or parents are within the grounds requiring termination of parental rights. Section 93-15-103(3) contains a list of factors on which parental rights may be terminated. At the hearing, the Smiths alleged that J.J. had a diagnosable condition unlikely to change which made her unable to assume acceptable care of C.J. While J.J.’s mental illness has affected her ability to care for her child, there was no clear and convincing evidence presented to prove that J.J.’s condition made her unable to assume minimally, acceptable care of the child as required by section 93-15-103(3)(i). J.J.’s psychiatric reports dated August 2007 to September 2008 state that she suffered from bipolar disorder, occasional depressive symptoms, and has trouble sleeping. However, the reports consistently indicate that her insight and judgment were good; her attitude was cooperative; and her motivation for ongoing treatment was good. The reports also indicate that her bipolar disorder was being controlled by medication. Unless it is proven otherwise, it is presumed that the best interest of the child will be served by remaining with his or her parents. The testimony showed that while on her medication, J.J. is a loving and caring parent. The testimony also showed that she has made improved efforts toward her recovery, and she has made attempts to stay in contact with C.J., such as calling and sending gifts. Further, the GAL was unsure in his assessment of whether to terminate parental rights. Based on the testimony, consideration of permanent alternatives to terminating J.J.’s parental rights would have been appropriate. |
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