1

Mr. Clayton appeared and advised the Tria

contest the petition.

FILED

March 24, 1999

Cecil Crowson, Jr.

Appellate C ourt

Clerk

IN THE COURT OF APPEALS 

AT KNOXVILLE

STATE OF TENNESSEE ) HAMILTON COUNTY

DEPARTMENT OF CHILDREN’S )03A01-9807-JV-00218 

SERVICES )

)

Petitioner-Appellee )

)

v . ) HON. SUZANNE BAILEY,

) JUDGE

JENNIFER KOBEL and )

THOMAS KYLE CLAYTON )

)

 Respondents-Appellants ) AFFIRMED AND REMANDE

JOHN G. McDOUGAL OF CHATTANOOGA FOR AP

PAUL G. SUMMERS, Attorney General and 

DIMOND, Assistant Attorney General, NA

O P I N I O N

 Goddard, P.J. 

In this suit the State of Tenness

Children’s Services filed a petition t

rights of Jennifer Kobel and Thomas Ky

1 parents of

Seth Thomas Isaiah Kobel, who was born 
2

In the judgment of termination th

the following facts: 

That the petition filed by the Stat

Department of Children’s Services, 

should be sustained and relief gran

the causes as therein stated in tha

has been in the custody of Petition

(6) months; that the conditions whi

child’s removal still persist; that 

likelihood that said conditions wil

early date so that the child can be 

parent in the near future; that the 

legal parent and child relationship 

the child’s chances of early integr

and permanent home; that the Defend

and Thomas Kyle Clayton, have faile

substantial manner on the reasonabl

of the Foster Care Plan; that the D

and Thomas Kyle Clayton, have willf

child for more than four (4) consec

preceding the filing of the petitio

it is, therefore, for the best inte

child and the public that all of th

the Defendants to the said child be 

and that the complete custody, cont

of the said child should now be awa

Tennessee, Department of Children’s 

right to place said child for adopt

to any adoption in loco parentis.

In the course of the Trial Judge’

opinion, she made the following findin

evaluation of the evidence and witness 

particularly significant as it relates 

attempting to excuse her conduct:

THE COURT: I tell just about ever

in this seat that you are now occ

Kobel, that I don’t think, despit

that I hear from the standpoint o

by their parents, whether they’ve 

otherwise molested in some way, o
3

who sit in this courtroom charged 

All these are very serious cases, 

serious than that of a parent app

with the State of Tennessee or ot

seeking to terminate their rights 

permanent situation. In the even

termination is decreed and an ord

declaring the parents’ rights ter

forever type situation. 

And that’s one reason why I so

hang pretty much on every word th

in here. I’ll look for not only 

the parent when they testify, the 

other witnesses. I look at the e

I look at their demeanor. I look 

reactions to the testimony. It’s 

that I feel everything that’s sai

has to be at least weighed and co

very, very carefully because of t

nature of these proceedings.

Our review of the record and the 

that this is an appropriate case for a

of this Court.

For the foregoing reasons the jud

Court is affirmed and the cause remand

proceedings, if any, as may be necessa

below. Costs of appeal are adjudged a

_______________________

Houston M. Goddard, P.J
4

CONCUR:

________________________________

Charles D. Susano, Jr., J.

________________________________

William H. Inman, Sr.J.