Brown v. Panola County Dep't of Human Services
| Docket Number: | 2010-CP-01874-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of parental rights - Section 93-15-103(3)(h) - Neglect - Best interest of child Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 10-11-2010 Appealed from: Panola County Chancery Court Judge: Mitchell Lundy, Jr. Disposition: APPELLANT’S PARENTAL RIGHTS TERMINATED Case Number: B09-04-0192-ML |
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| Party Name: | Attorney Name: | |||
| Appellant: | Erica Brown |
PRO SE |
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| Appellee: | Panola County Department of Human Services | SARA HARVEY ROBERTS |
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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 - Section 93-15-103(3)(h) - Neglect - Best interest of child |
| Summary of the Facts: | The Panola County Chancery Court terminated the parental rights of Erica Brown and Steve Hughes. Erica appeals. |
| Summary of Opinion Analysis: | Section 93-15-103(3) sets forth the grounds for involuntary termination of parental rights. The party seeking termination of parental rights must prove at least one of the grounds enumerated by clear and convincing evidence. The trial court must also consider whether termination is in the best interest of the child. On July 21, 2006, the youth court adjudicated Erica’s two children neglected and ordered that they be placed in DHS custody. DHS placed one of the children in foster care and placed the other child in the care of his paternal grandmother. However, after the grandmother returned the child to DHS, the agency placed him in foster care. In 2008, the youth court determined that reunification with Erica was not in the children’s best interests. Based on these facts, there was sufficient evidence to terminate Erica’s parental rights on the basis of section 93-15-103(3)(h). In addition, the chancery court did not err in finding that termination of Erica’s parental rights was in the children’s best interests. Prior to seeking termination, DHS attempted to enter into a service agreement with Erica and reunite her with her children. However, Erica refused to sign the service agreement. Nonetheless, DHS continued to work with Erica in an effort reunite her with her children. In fact, DHS did not seek termination of Erica’s parental rights until 2009–almost four years after the children were removed from her care. |
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