Best Interests of the Child

Statute: Tenn. Code Ann. § 36-1-101(d) (Supp. 1998)

Law:

In all cases, when the best interests of the child and those of the adults are in conflict, such conflict shall always be resolved to favor the rights and the best interests of the child, which interests are hereby recognized as constitutionally protected, and, to that end, this part shall be liberally construed.

Statute: Tenn. Code Ann. § 36-1-113(i) (WESTLAW through 2003 1st Reg. Sess.)

Law:

In determining whether termination of parental or guardianship rights is in the best interest of the child pursuant to this part, the court shall consider, but is not limited to, the following:
Whether the parent or guardian has made such adjustment of circumstance, conduct, or conditions as to make it safe and in the child's best interest to be in the home of the parent or guardian;

Whether the parent or guardian has failed to
effect a lasting adjustment after reasonable
efforts by available social services agencies for
such duration of time that lasting adjustment
does not reasonably appear possible;

Whether the parent or guardian has maintained
regular visitation or other contact with the
child;

Whether a meaningful relationship has otherwise
been established between the parent or guardian
and the child;

The effect a change of caretakers and physical
environment is likely to have on the child's
emotional, psychological and medical condition;

Whether the parent or guardian, or other person
residing with the parent or guardian, has shown
brutality, physical, sexual, emotional or
psychological abuse, or neglect toward the child,
or another child or adult in the family or
household;

Whether the physical environment of the parent's
or guardian's home is healthy and safe, whether
there is criminal activity in the home, or
whether there is such use of alcohol or
controlled substances as may render the parent or
guardian consistently unable to care for the
child in a safe and stable manner;

Whether the parent's or guardian's mental and/or
emotional status would be detrimental to the
child or prevent the parent or guardian from
effectively providing safe and stable care and
supervision for the child; or

Whether the parent or guardian has paid child
support consistent with the child support
guidelines.

Concurrent Planning

Statute: Tenn. Code Ann. § 37-1-166(g)(6) (WESTLAW through End of 2000 Reg. Sess.)

Law:

Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts to preserve and reunify the family.