Leslie Burke et al. v. Department of Children's Services

This is a child custody matter involving the Uniform Child Custody Jurisdiction and Enforcement Act, Tenn. Code Ann. § 36-6-201, et seq. (“the UCCJEA”). Leslie Burke and Melissa Burke (“the Burkes”) received temporary custody pending adoption of the minor child Jane Doe (“the Child”) from an Indiana court (“the Indiana Court”). The Burkes then brought the Child to Tennessee. The Tennessee Department of Children’s Services (“DCS”) later filed a dependency and neglect action in the Juvenile Court for Greene County (“the Juvenile Court”). DCS alleged that the Child disclosed having been sexually abused in previous adoptive homes, and that the Burkes were not cooperating with individual therapy for the Child. The Juvenile Court ordered the Child’s removal into DCS custody. The Child’s legal parents in Indiana surrendered their parental rights. DCS moved for guardianship of the Child in the Circuit Court for Greene County (“the Circuit Court”), which the Circuit Court granted. The Burkes sued DCS2 in the Circuit Court challenging the legal parents’ surrender of their parental rights and the Circuit Court’s award of full guardianship to DCS. The Burkes and DCS filed motions for summary judgment. The Circuit Court ruled in favor of DCS, dismissing the Burkes’ complaint. The Burkes appeal, arguing that the Circuit Court lacked subject matter jurisdiction even though the Indiana Court expressly ceded jurisdiction to Tennessee. We hold, inter alia, that Indiana relinquished its exclusive, continuing jurisdiction. We affirm