STATE, DEPT. OF HUMAN SERVICES v. SMITH


785 S.W.2d 336 (1990)

STATE of Tennessee, DEPARTMENT OF HUMAN SERVICES, Appellant, v. Earl Lee SMITH and Wife, Evelyn Clowdus Smith, Appellees.

Supreme Court of Tennessee, at Knoxville.

January 26, 1990.


Attorney(s) appearing for the Case

Charles Burson, Atty. Gen. and Reporter, Dianne Stamey, Asst. Atty. Gen., Nashville, for appellant.

A. Christian Lanier, III, Chattanooga, for appellees.

Linda K. Hixon, Chattanooga, guardian ad litem for Toney Smith.


OPINION

COOPER, Justice.

On complaint of the Department of Human Services (DHS), the chancellor terminated defendants' parental rights to Toney Earl Smith, born to defendants on April 10, 1976. The Court of Appeals reversed the decision of the chancery court on the basis there had been no willful act of misconduct by the defendants and that termination of parental rights should not be based solely on the mental deficiency of parents. Appeal was granted to...

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