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In the Interest of C.N.S.

The mother's nearly continuous incarceration and her inability to provide her children with a stable home during the brief interludes between her prison terms supported the termination of her parental rights.

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After the children, C. N. S. and D. H. G., were removed from her custody, the appellant biological mother was repeatedly incarcerated for shoplifting and revocation of probation. C. N. S. and D. H. G., ages nine and four at the time of the termination hearing, were placed in the temporary legal custody of the Catoosa County Department of Family and Children Services “DFCS” in 1996. In 1998, they were first adjudicated as deprived based upon the appellant’s status as imprisoned and the whereabouts of the fathers of the children as unknown.1 At that time, the juvenile court also found as fact that there “was no home to return the children to” and with the appellant’s consent, extended temporary custody in DFCS until its further order. Approximately a year later, the juvenile court further extended custody of the children in DFCS for one year and, in May 2000, acting upon DFCS’s termination petition filed in 1997, ordered appellant’s parental rights terminated.

On appeal, appellant contends that insufficient evidence was presented to support the juvenile court’s finding that the termination of her parental rights was proper upon clear and convincing evidence of parental misconduct and as in the best interests of her children. In this regard, the appellant argues that the juvenile court erred in admitting as hearsay a report of her positive drug screen and the DFCS citizen review panel reports in her case. Further, she argues that in the absence of the alleged hearsay, the evidence of her prison time would not support the termination of her parental rights. Finding her claims of error to be without merit, we affirm. Held:

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