a child is dependent and neglected. If the juvenile court finds the child to be dependent and neglected by clear and convincing evidence, then the juvenile court is to proceed immediately or at a postponed hearing to make “a proper disposition in the case.” Tenn.Code Ann. § 37-l-129(e). Making a “proper disposition” requires the court to make a custody decision “best suited to the protection and physical, mental and moral welfare of the child.” Tenn.Code Ann. § 37-l-130(a). The fact that a child is dependent and neglected and the fact that a parent has engaged in severe child abuse must be established by clear and convincing evidence. Tenn.Code Ann. § 37-1-129(c); Tenn. Dep’t of Children’s Servs. v. M.S., No. M2003-01670-COA-R3-CV, 2005 WL 549141, at *10 (Tenn.Ct.App. Mar.8, 2005) (<HOLDING>). For the evidence to be clear and convincing,
holding that bad faith andor prejudice must be shown by clear and convincing evidence holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied holding that fraud on the court must be supported by clear unequivocal and convincing evidence holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof holding that a bad faith claim must be met through the clear and convincing evidence standard