In Re Disnie P.

This is an appeal involving the termination of parental rights. The trial court entered an
order terminating the parental rights of both the parents on the ground of abandonment by
failure to support pursuant to Tennessee Code Annotated sections 36-1-113(g)(1) and 36-
1-102(1)(A)(i). However, the court found that the petitioners failed to establish the
following grounds for termination: (1) failure to manifest an ability and willingness to
parent; (2) abandonment by incarcerated parent for wanton disregard pursuant to section
36-1-102(1)(A)(iv); (3) substantial noncompliance with a permanency plan; and (4)
persistent conditions. Additionally, the court found that termination was in the best
interests of the child. Both parents appeal, and the petitioners also challenge the trial
court’s findings that two of the grounds were not established. We conclude as follows: (1)
we reverse the court’s finding that the ground of abandonment by failure to support was
established as to both of the parents; (2) we reverse the court’s finding that the ground of
persistent conditions was not established as to the mother but affirm as modified as to the
father; (3) we vacate the ground of failure to manifest an ability and willingness as to both
of the parents but remand only as to the father; and (4) we reverse the court’s finding that
termination of both of the parents’ parental rights was in the best interests of the child and
remand to the trial court for findings on the new best interest factors. Accordingly, we
vacate in part, reverse in part, affirm in part as modified, and remand for further
proceedings consistent with this opinion.