| The Supreme Court reinstated the trial court's judgment terminating Mother's parental rights on the basis of the statutory factor enumerated in Tenn. Code Ann. 36-1-113(g)(14), holding that the statute is ambiguous and that In re Ayden S., No. M2017-01185-COA-R3- PT, 2018 WL 2447044, 7 (Tenn. Ct. App. May 31, 2018), is overruled. Section 36-1-113(g)(14) requires a person seeking termination of parental rights to prove by clear and convincing evidence that a "parent or guardian has failed to manifest, by act or omission, an ability and willingness to personally assume legal and physical custody or financial responsibility of the child." In In re Ayden S., the court of appeals interpreted this language as requiring proof that a parent was both unable and unwilling personally to assume legal and physical custody or financial responsibility of a child. In In re Amynn K., No. E2017-01866-COA- R3-PT, 2018 WL 3058280, 14 (Tenn. Ct. App. June 20, 2018), the court of appeals construed the statute as requiring proof that a parent was either unable or unwilling to personally assume legal and physical custody or financial responsibility of a child. The Supreme Court held that the In re Amynn K. interpretation best effectuated legislative intent and thus reversed. |
