In Re Trinity H.

Syllabus

This appeal concerns the termination of a father's parental rights. The Tennessee Department of Children's Services (\DCS\) filed a petition in the Juvenile Court for Macon County (\the Juvenile Court\) seeking to terminate the parental rights of James H. (\Father\) to his minor daughter Trinity H. (\the Child\). After a trial, the Juvenile Court entered an order terminating Father's parental rights on the grounds of wanton disregard, severe child abuse, and failure to manifest an ability and willingness to assume custody. The Juvenile Court found also that termination of Father's parental rights is in the Child's best interest. Father appeals. With respect to wanton disregard, the Juvenile Court found only that Father committed criminal acts resulting in his incarceration, which by itself is insufficient to establish the ground. We, therefore, vacate the ground of wanton disregard. However, we find that the other two grounds were proven by clear and convincing evidence and, by the same standard, that termination of Father's parental rights is in the Child's best interest. We vacate, in part, and affirm, as modified.