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IN RE: Carrington H. et al.
JUDGMENT
This case was heard upon the record on appeal from the Court of Appeals, application for permission to appeal having heretofore been granted, and upon the briefs and argument of counsel. Upon consideration thereof, a majority of this Court hereby holds that parents are constitutionally entitled to fundamentally fair procedures in parental termination proceedings. Nevertheless, this constitutional mandate does not require us to adopt a procedure by which parents may collaterally attack orders terminating parental rights based on ineffective assistance of counsel. Additionally, we hold that appellate courts must review the trial court's findings regarding all grounds for termination and whether termination is in a child's best interests, even if a parent fails to challenge these findings on appeal.
In accordance with the opinion filed herein, it is, therefore, ordered and adjudged that the judgment of the Court of Appeals upholding the trial court's order terminating the mother's parental rights is affirmed. Costs of this appeal are taxed to the State of Tennessee, for which execution may issue if necessary.
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Docket No: No. M2014–00453–SC–R11–PT
Decided: January 29, 2016
Court: Supreme Court of Tennessee,
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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