In re Kaliyah S. et al.

Summary

The Tennessee Supreme Court held that the Tennessee Department of Children’s Services is not required to prove that it made reasonable efforts to reunify a parent with a child as a precondition to terminating parental rights. The court held that the State’s efforts are instead considered as one factor in the best-interest analysis under Tennessee Code Annotated § 36-1-113. The court overruled prior Tennessee Court of Appeals decisions to the extent they required proof of reasonable efforts as an essential component of a termination petition, reversed the Court of Appeals, and reinstated the juvenile court’s judgment terminating the father’s parental rights.

Holdings

1. DCS is not required to prove that it made reasonable efforts to reunify the parent and child as an essential component or precondition to terminating parental rights under Tennessee Code Annotated section 36-1-113.
2. The extent of DCS’s reasonable efforts to reunify the family must be weighed as a factor in determining the child’s best interest, but it need not be proven as an independent element of the termination petition.
3. Because the State proved a statutory ground for termination and termination was in Kaliyah’s best interest, the juvenile court’s termination judgment was reinstated.

Questions Presented

1. Whether Tennessee law requires DCS to prove that it made reasonable efforts to reunify a biological parent and child as an essential element or precondition to termination of parental rights.
2. Whether the extent of DCS’s reasonable efforts is instead a factor in the statutory best-interest analysis.
3. Whether the Court of Appeals erred by reversing the termination of Father’s parental rights on the ground that DCS had not proven reasonable reunification efforts.

Disposition

reversed