In Re Jude M.

Syllabus

This is a termination of parental rights case focusing on Jude M., the minor child (\the Child\) of Sarah M. (\Mother\) and Andy G. (\Father\). In November 2018, Father and his wife, Jamie G. (\Stepmother\), filed a petition in the Greene County Chancery Court (\trial court\), seeking to terminate the parental rights of Mother and allow Stepmother to adopt the Child. The Child previously had been removed from Mother's custody pursuant to an order entered by the Greene County Juvenile Court (\juvenile court\) upon a petition for emergency custody filed by Father. Following a bench trial, the trial court granted the termination petition upon its finding by clear and convincing evidence that Mother had abandoned the Child by failing to visit her during the statutorily determinative period and that conditions leading to the removal of the Child from Mother's custody persisted. The trial court further found by clear and convincing evidence that it was in the Child's best interest to terminate Mother's parental rights. Mother has appealed. Having determined that Petitioners failed to demonstrate the threshold requirement of a petition having been filed in the juvenile court that alleged the Child to be a dependent and neglected child, we reverse the trial court's finding on the ground of persistence of the conditions leading to removal of the Child from Mother's custody.