In the matter of: Shyronne D. H., et al.

This is a termination of parental rights case with an unusual procedural history. Following an incident with one of her children, Appellant Mother was charged with one count of aggravated child neglect or endangerment and one count of aggravated child abuse of a child under eight years of age. She pleaded guilty to aggravated assault and was sentenced to six years’ incarceration. In a separate proceeding, the children were adjudicated to be dependent and neglected and victims of severe child abuse. At the termination of parental rights hearing, which is the subject of this appeal, the trial court determined that the previous finding of severe child abuse was res judicata and did not permit the parties to relitigate the issue. We conclude that the trial court erred in finding the issue of severe child abuse to be res judicata because the order finding the children to be dependent and neglected and victims of severe child abuse is not a final judgment. Consequently, Appellant should have been permitted to present evidence and argument at the termination proceeding as to whether she committed severe child abuse. The judgment of the trial court is vacated and remanded.