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In the Interest of J. T. W.

The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her child would be seriously affected by her continuing parental relationship.

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The mother of J. T. W. appeals the termination of her parental rights. She contends that the appellee failed to present sufficient evidence to support the juvenile court’s decision. The Department of Family and Children’s Services became involved with Chayla W.’s fourth child, J. T. W., in February 2001. The Department obtained emergency custody on March 26 and filed a deprivation petition one month later. On July 26, following a hearing, the juvenile court found the child to be deprived, ordered the child placed in DFACS’s care, and approved a non-reunification case plan. Chayla did not appeal that order.

On August 30, 2001, DFACS filed a petition to terminate Chayla’s parental rights to J. T. W., as well as those of the legal father and the biological father, and the court held a hearing on November 26. The court entered a written order on March 28, 2002, in which it granted the petition as to the legal and biological fathers but denied the petition as to Chayla. The court later extended DFACS’s temporary legal custody of the child. On April 22, 2003, DFACS again petitioned to terminate Chayla’s parental rights, and the court conducted a hearing on July 11. On October 23, 2003, the court issued an order terminating Chayla’s rights, and she now appeals.

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