D. MICHAEL SWINEY, JUDGE.
Janet S. ("Grandmother"), maternal grandmother and custodian of the minor child Natalie R. C. ("the Child"), filed a petition to terminate the parental rights of Kenneth C. ("Father") in the Juvenile Court for Blount County ("the Juvenile Court"). Christy S. ("Mother"), the Child's mother, is deceased. The Juvenile Court terminated Father's parental rights on the grounds of failure to pay child support and failure to visit the Child. Father appeals, arguing, among other things, that the petition to terminate his parental rights was fatally defective because of numerous deficiencies and therefore should have been dismissed. We hold that the petition to terminate parental rights was defective, although not fatally so, due to multiple deficiencies. We vacate the judgment of the Juvenile Court and remand for further proceedings consistent with our Opinion.
The Child was born in 2004. Mother and Father divorced in 2009. Pursuant to the final divorce decree, Father was to have no visitation with the Child until he completed certain judicial requirements and petitioned the court. The final divorce decree noted that Father had not taken the required parenting class because of his incarceration. Mother died later in 2009.
Grandmother petitioned for custody of the Child. In July 2010, Grandmother received custody in loco parentis to the Child. In September 2010, Grandmother filed a petition in the Juvenile Court to terminate Father's parental rights. The petition alleged non-payment of child support and failure to visit by Father. In February 2011, Grandmother filed an amended petition to terminate Father's parental rights alleging that Father had paid no child support or engaged in any meaningful visitation with the Child after his release from the correctional facility in September 2010. Father filed an answer raising several affirmative defenses. Father alleged that the petition to terminate parental rights contained a number of deficiencies. A hearing in this matter was held in April 2011. Before the witnesses testified, the Juvenile Court found that Father's affirmative defenses based upon alleged deficiencies in the petition to terminate parental rights were without merit.
Grandmother testified first. Grandmother stated that she had maintained full physical possession of the Child since September 15, 2009. Grandmother testified that, from the time of Mother's death to the time Grandmother learned of Father's going to jail, Father had not visited the Child. Grandmother further testified that Father had not visited between September 2010 and the day of the trial. Grandmother stated that Father had paid no child support between September 2010 and the day of the trial. Grandmother testified that Father called the Child once but did not ask to see the Child. Grandmother stated that she had never denied Father co-parenting time.
Grandmother testified that Father sent three letters to the Child while Father was incarcerated. Grandmother stated that Father once delivered a present for the Child on Christmas. Grandmother testified that, other than the Christmas present, Father provided nothing for the Child while Grandmother had custody of the Child.
Father testified next. Father stated that he currently was serving time in jail but he expected to get out "probably first week of October." Father was in jail for testing positive for cocaine among other things. Father stated that in the last two years his efforts to secure visitation with the Child were minimal. Father stated that in the seven months after he got out of jail, he made additional attempts to call the Child without success, and so he gave up. Father testified that he was denied visitation with the Child. Father stated that he had to go through Grandmother's roommate, Sherry K., to talk about the Child. Father later stated that Grandmother herself had not denied Father visitation. Father testified that he has not paid any child support in the period after September 2010. Father stated that he purchased cigarettes for himself on occasion. Father also stated that his wife had inherited a house and that he paid taxes on it.
Father acknowledged that he never petitioned for any rights to the Child in divorce court or juvenile court. Regarding why, Father stated he was "absconding from the law" and "lay[ing] low." Father testified that he has "either been on the run, in jail, or in — on probation" since he turned 30. Father stated that he wants to see the Child and is willing to pay child support.
The Juvenile Court entered an order terminating Father's parental rights on the basis of non-payment of child support and lack of visitation. Father appeals.
Though not stated exactly as such, Father raises three issues on appeal: 1) whether the Juvenile Court erred by not dismissing Grandmother's petition to terminate Father's parental rights as a result of allegedly fatal defects in the petition; 2) whether the Juvenile Court erred by not dismissing Grandmother's petition to terminate Father's parental rights as a result of Grandmother's failure to provide proof or notice that adoption was contemplated; and 3) whether the Juvenile Court erred in finding that it was in the Child's best interest to terminate Father's parental rights and then terminating Father's parental rights. As we believe the dispositive issue on appeal is a legal one not involving any factual determinations, our review is conducted "under a pure de novo standard of review, according no deference to the conclusions of law made by the lower courts." Southern Constructors, Inc. v. Loudon County Bd. Of Educ., 58 S.W.3d 706, 710 (Tenn. 2001).
Father argues that Grandmother's petition to terminate parental rights was defective in four respects. Father first contends that the petition failed to include the notice required by Tenn. R. Civ. P. 9A:
Tenn. R. Civ. P. 9A.
Father further argues that the petition failed to comply with Tenn. Code Ann. § 36-1-113(d)(3)(A)(i) in that the petition did not state that the putative father registry had been consulted within ten working days of the filing of the petition. The statute provides, in relevant part:
Tenn. Code Ann. § 36-1-113(d)(3)(A)(i)(2011).
Father also argues that the petition failed to comply with Tenn. Code Ann. § 36-6-224 in that the petition did not contain certain statistical information concerning the Child's present addresses, places where the Child had lived during the past five years, and names and present addresses of persons with whom the Child has lived during the relevant period. The statute provides:
Tenn. Code Ann. § 36-6-224 (2010).
Finally, Father contends that the petition failed to comply with Tenn. Code Ann. § 36-1-113(d)(3)(C) in that the petition did not contain language stating that the termination of his parental rights would forever sever all of Father's rights as a parent and that Father would have no right to notice of proceedings for an adoption of the Child or the right to object to any such adoption. The statute provides, in relevant part:
Tenn. Code Ann. § 36-1-113(d)(3)(C) (2011).
Grandmother does not deny the omissions in the petition but rather disputes what effect they should have. Grandmother argues: (1) Father timely filed a notice of appeal so lack of notice stemming from the absence of the Tenn. R. Civ. P. 9A required notice is moot; (2) there was no dispute as to the Child's paternity so the provisions of Tenn. Code Ann. § 36-1-113(d)(3)(A)(i) were not applicable in this matter; (3) Father actually knew where the Child was living; and (4) Father had counsel to inform him of the effect of the termination of his parental rights, and, furthermore, Tenn. Code Ann. § 36-1-113(d)(3)(C) deals primarily with adoption proceedings, from which this present action did not arise. In sum, Grandmother argues that the petition sufficiently complied with all relevant rules and statutes, notwithstanding certain omissions.
We disagree with Grandmother. We regard these omissions as deficiencies which, taken together, render the petition defective. Perhaps any one of the deficiencies alone might have constituted harmless error, but we are not prepared to hold that a petition to terminate parental rights can suffer these multiple deficiencies and remain valid.
We first note the mandatory language of the rule and statutes in question, something not contested by Grandmother. Also, we observe that terminating parental rights is an especially grave and serious matter. The United States Supreme Court has described "the interest of parents in the care, custody, and control of their children" to be "perhaps the oldest of the fundamental liberty interests recognized by this Court." Troxel v. Granville, 530 U.S. 57, 65, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). Our General Assembly and our Supreme Court have made certain policy decisions concerning what must be included in a petition to terminate parental rights. However technical these omissions may seem, given the number of omissions considered in the context of a termination of parental rights, they may not be overlooked or excused. We, however, do not agree with Father that these defects are fatal and require the petition to be dismissed. These defects are such that they can be corrected by Grandmother and her current attorney if given the opportunity, and they choose to do so. Our decision provides that opportunity.
As a result of our holding with respect to issue one, Father's remaining issues are pretermitted.
The judgment of the Juvenile Court is vacated. This cause is remanded to the Juvenile Court for further proceedings consistent with this Opinion and for collection of costs below. Costs on appeal are taxed one-half against the appellant Kenneth C., and his surety, if any; and one-half against the appellee, Janet S.