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No Due Process Violation For Termination Of Incarcerated Father's Parental Rights
No Due Process Violation For Termination Of Incarcerated Father's Parental
Rights
The Tennessee Court of Appeals upheld the termination of a Federal
prisoner's Parental rights as not violating due process. The father's
rights were terminated by the trial court as part of a dependency and
neglect action filed by the foster family of his biological child, M.H.,
who allegedly was abandoned by the biological mother due to drug addiction
and subsequent incarceration.
On appeal, the Court held that there was no violation of the biological
father's due process rights, based on his inability to participate in the
dependency and neglect hearing, since he was in no position to provide care
or custody while incarcerated. The Court further held that the foster
family proved by clear and convincing evidence that termination of the
parental rights of M.H.'s biological parents was in the best interest of
the child since they were both incarcerated, the child had strong bonds
with other siblings being adopted by the foster family, and the biological
parents were incapable of care and support of the child. See: In Re M.H.,
Case No. M2005-00117-COA-Rc-PT (Tenn. Ct. App., December 2, 2005)(2005 WL
3273073).
Rights
The Tennessee Court of Appeals upheld the termination of a Federal
prisoner's Parental rights as not violating due process. The father's
rights were terminated by the trial court as part of a dependency and
neglect action filed by the foster family of his biological child, M.H.,
who allegedly was abandoned by the biological mother due to drug addiction
and subsequent incarceration.
On appeal, the Court held that there was no violation of the biological
father's due process rights, based on his inability to participate in the
dependency and neglect hearing, since he was in no position to provide care
or custody while incarcerated. The Court further held that the foster
family proved by clear and convincing evidence that termination of the
parental rights of M.H.'s biological parents was in the best interest of
the child since they were both incarcerated, the child had strong bonds
with other siblings being adopted by the foster family, and the biological
parents were incapable of care and support of the child. See: In Re M.H.,
Case No. M2005-00117-COA-Rc-PT (Tenn. Ct. App., December 2, 2005)(2005 WL
3273073).
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Related legal case
In Re M.H.
| Year | 2005 |
|---|---|
| Cite | (2005 WL 3273073) |
| Level | State Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |