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Tennesee Dep't of Children's Services v. R.G.T.5/30/2003
ear and convincing evidence that both the parents have failed to make a lasting adjustment after reasonable efforts by available social services agencies; so that a lasting adjustment does not reasonably appear possible. To a certain extent I'm basing that on the prior history of the other several years with the other kids.
Number 3 is a non-issue for the Court in this case because it involves whether they've maintained regular visitation. Of course, I terminated their visitation. Prior to that time they did maintain regular visitation the Court finds by clear and convincing evidence.
Number 4, the Court finds that no meaningful relationship was ever established between the biological parents and the child.
Number 5, the Court finds that it is likely that a change of caretakers and physical environment for this child would have a significantly adverse affect on the child's emotional/psychological condition.
Number 6, the Court does not find to have been a factor with regard to the child's best interest.
Number 7, the Court finds that there's not a great deal of evidence one way or the other with regard to [Mother], but that [Father] has demonstrated by clear and convincing evidence that he has a healthy and safe physical environment currently in his mother's home. There hasn't been any evidence about the use of alcohol or controlled substances by either of these parents. The Court finds that item number 7 does not preponderate in favor of termination or in favor of the child's best interest that its right be terminated.
Number 8, the Court does find that item number 8 has been established by clear and convincing evidence that the parents' mental and/or emotional status would be detrimental to the child and prevent the parent from effectively providing a safe and stable care and supervision for the child, and that the Court finds with regard to both [Father and Mother].
And number 9, obviously as I've already found, neither parent paid any child support .
Having considered those factors set out in the Statute as well as the overall factor that the Court's already mentioned regarding the current placement of the child and the child's forming a part of that family, the Court does find that it's in the child's best interest to terminate the parental rights of [Father and Mother] to the child, [L.B.T.] and therefore, the Court does so.
The evidence does not preponderate against these findings. Rather, the evidence believed by the trial court - much of which is alluded to in this opinion - shows in a clear and convincing manner that termination is in the child's best interest.
VI.
R.G.T. has filed a motion requesting that any costs that might be taxed to him be waived. We find the motion to be well-taken, and, accordingly, it is hereby granted.
VII.
The judgment of the trial court is affirmed. This case is remanded for enforcement of the trial court's judgment and for collection of costs assessed below, all pursuant to applicable law. Exercising our discretion, we tax the costs on appeal to the Tennessee Department of Children's Services.
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