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In re Audrey S.8/25/2005
I.
Jamie F. was an eighteen-year-old high school student when she gave birth to her first child, Audrey S., on April 30, 1995. The child's father was Terry S., her eighteen-year-old boyfriend. Shortly after the child's birth, Jamie F. and Audrey S. moved into the home of Terry S.'s mother, Wilma S., where Terry S. was also residing. This arrangement was short-lived. Jamie F. soon began stealing Wilma S.'s checks and forging her signature. Jamie F. eventually stole over $3,000 from Wilma S. and deposited the money in her own bank account. Terry S. ended his relationship with Jamie F. after he discovered what Jamie F. had been doing. Jamie F. left Wilma S.'s home, taking Audrey S. with her.
On October 4, 1995, Jamie F. was arrested and charged with two counts of felony forgery. She was released pending trial, and Audrey S. remained in her custody. Jamie F. eventually pled guilty to one count of felony forgery and was placed on probation for three years. She soon violated her probation, and she was arrested and incarcerated. Audrey S. was not yet one year old. While Jamie F. was in jail, she left Audrey S. in the care of the child's great-grandmother. When caring for Audrey S. proved to be too great a burden, Audrey S.'s great-grandmother asked Wilma S. to take custody of the child. Wilma S. agreed and brought the child to live with her.
Wilma S. filed a verified petition in the Davidson County Juvenile Court on March 21, 1996 to have Audrey S. declared a dependent and neglected child. She alleged that Jamie F.: (1) had failed to care for Audrey S. properly; (2) lacked sufficient funds to feed and clothe her daughter; (3) used illegal drugs; (4) had no place to live when she was released from jail other than a camping trailer with her alcoholic uncle; and (5) had stolen from her relatives so often that she was no longer welcome in their homes. Wilma S. also noted that Audrey S. had suffered a skull fracture of unknown origin while in Jamie F.'s custody. Accordingly, Wilma S. requested the juvenile court to award her temporary custody because Audrey S. was a dependent and neglected child.
Wilma S. feared that Jamie F. would attempt to reclaim Audrey S. when she was released from jail. Accordingly, she requested two remedies. She sought a temporary custody order allowing her to retain physical possession of the child pending a final hearing. She also sought a restraining order barring Jamie F. from removing Audrey S. from her custody. The juvenile court entered the restraining order against Jamie F. on the same day the petition was filed. The court also set a preliminary hearing on Wilma S.'s custody request for March 25, 1996.
Terry S. filed a petition to establish parentage of Audrey S. on the date set for the preliminary hearing. He conceded that he was Audrey S.'s biological father and requested exclusive legal custody. On March 28, 1996, the juvenile court entered an order declaring Terry S. to be Audrey S.'s biological father and awarding temporary custody of Audrey S. to Wilma S. The order stated that the court would not set a final adjudicatory or dispositional hearing on Wilma S.'s petition for temporary custody of Audrey S. until Jamie F. requested such a hearing. The juvenile court did not address Terry S.'s request for custody of Audrey S.
Audrey S. turned one year old on April 30, 1996. Ten days later, on May 10, 1996, Jamie F., who had been released from jail sometime during the preceding month, filed a motion to set a final hearing on Wilma S.'s petition for temporary custody. She asserted that she was responsible and drug-free, that she had obtained full-time employment, that she had secured independent means of transpo
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