· 9/16/2022

In Re Scarlett F.

Syllabus

A mother appeals the trial court's decision to terminate her parental rights based on the grounds of (1) substantial noncompliance with the permanency plans, (2) persistence of conditions, (3) severe child abuse, and (4) failure to manifest an ability and willingness to personally assume custody or financial responsibility of the child. She further challenges the trial court's finding by clear and convincing evidence that termination of her parental rights was in the best interest of the child. We vacate the substantial noncompliance ground and reverse the persistence of conditions and failure to manifest an ability and willingness to assume custody or financial responsibility grounds. Concluding that the record does not contain clear and convincing proof that termination is in the best interest of the child, we reverse the trial court's order terminating the mother's parental rights.

Judges: Judge Andy D. Bennett

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