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Case No. 04-24-00436-CV
Regular Panel Decision
Dec 23, 2024

In the Interest of J.A.T., a Child v. the State of Texas

This is an accelerated appeal from an order terminating the parental rights of J.G. (Mother) to her child, J.A.T. Mother challenged the sufficiency of the evidence for the best interest finding. The Texas Department of Family and Protective Services initiated the termination petition due to concerns of child neglect and Mother's substance abuse. The trial court terminated parental rights based on statutory grounds including constructive abandonment, non-compliance with court orders, and endangering the child through substance abuse. Mother repeatedly tested positive for various illegal substances and did not complete court-ordered drug recovery or mental health services. J.A.T., diagnosed with autism, showed behavioral issues that improved during placement with maternal grandparents. The appellate court affirmed the trial court's decision, finding the evidence legally and factually sufficient to support the finding that termination was in J.A.T.'s best interest, citing Mother's ongoing substance abuse and failure to address her issues.

Parental Rights TerminationChild CustodyBest Interest of ChildSufficiency of EvidenceAccelerated AppealSubstance AbuseDrug TestingMental HealthAutism Spectrum DisorderFamily Code
References
27
Case No. MISSING
Regular Panel Decision

in the Interest of E.M. and J.M., Children

Jessica M. and Daniel M. appealed the judgment terminating their parental rights for children E.M. and J.M. Jessica raised issues regarding the admissibility of E.M.'s therapist statements, the legal and factual sufficiency of evidence for predicate grounds and best interest, and errors in jury instructions. Daniel challenged the admissibility of E.M.'s statements and the sufficiency of evidence for best interest. The court found E.M.'s statements, detailing abuse and neglect, to be admissible and reliable. Parental rights were terminated based on findings of endangerment through conditions, conduct, and failure to comply with court orders. Evidence included a domestic disturbance, K2 drug use allegations, positive drug tests, parental instability, and E.M.'s expressed fear. The court affirmed the jury's findings against Jessica. Daniel's sufficiency complaints were not preserved, and jury charge errors were overruled. The trial court's judgment was affirmed.

Parental Rights TerminationChild Abuse and NeglectHearsay EvidenceChild Therapist TestimonyDomestic ViolenceDrug AbuseSufficiency of EvidenceBest Interest of the ChildJury InstructionsAppellate Procedure
References
56
Case No. 01-22-00964-CV
Regular Panel Decision
Jun 08, 2023

In the Interest of S.C.M., a Child v. Department of Family and Protective Services

B.C. (Father) appeals the trial court's judgment terminating his parental rights to his child, S.C.M. (Sarah). Father challenged the legal and factual sufficiency of the evidence supporting the predicate acts of endangering environment and conduct, as well as the finding that termination was in the child's best interest. The record shows Father had a felony aggravated robbery conviction and violated his community supervision by using illegal drugs and failing to report, leading to an eight-year prison sentence. Both parents had unstable housing and were involved in domestic violence. Father failed to comply with his court-ordered service plan, including requirements for stable housing, employment, drug testing, and visits. S.C.M. had been in foster care for over a year and was securely bonded to her foster mother. The appellate court affirmed the termination, finding sufficient evidence for the predicate acts of endangerment, constructive abandonment, and failure to complete the service plan, and that termination was in S.C.M.'s best interest.

Parental Rights TerminationChild EndangermentDomestic ViolenceParental IncarcerationFelony ConvictionProbation ViolationDrug AbuseUnstable Living ConditionsService Plan Non-ComplianceConstructive Abandonment
References
41
Case No. 07-09-0101-CV
Regular Panel Decision
Dec 01, 2009

in the Interest of D.D.D.K., C.E.K., Jr. and C.E.K., Children

This case involves an appeal by Charles and Nancy from a final order terminating their parental rights to their three minor children. The appellants challenged the admission of hearsay statements regarding sexual abuse and the sufficiency of evidence supporting findings of endangerment and the children's best interest. The court heard extensive testimony about the children suffering multiple instances of sexual abuse, including by a relative and later by strangers in a motel, often while the parents were present and using drugs. All children tested positive for illicit substances. The appellate court affirmed the trial court's decision, concluding there was clear and convincing evidence that the parents' conduct and the conditions they allowed endangered the children, and that termination was in the children's best interest.

Parental Rights TerminationChild Sexual AbuseDrug AbuseChild EndangermentSufficiency of EvidenceHearsay AdmissibilityBest Interest of ChildTexas Family LawAppellate ReviewFoster Care
References
38
Case No. 12-18-00111-CV
Regular Panel Decision
Oct 29, 2018

in the Interest of J. G. and J. G., Children

R.G. appealed the termination of her parental rights concerning her two children, J.G.1 and J.G.2, challenging the trial court's denial of a continuance and a new trial, and the sufficiency of evidence for termination. The Department of Family and Protective Services initiated the termination due to allegations of domestic violence and drug use, with R.G. and some children testing positive for methamphetamine. R.G. consistently refused court-ordered drug tests and evaluations, citing distrust of the Department. The appellate court affirmed the trial court's judgment, finding no abuse of discretion and sufficient evidence to support the termination of parental rights in the children's best interest.

Parental Rights TerminationChild WelfareDue ProcessMotion for ContinuanceBest Interest of ChildSufficiency of EvidenceDrug AbuseDomestic ViolenceChild NeglectFamily Law
References
28
Case No. 02-15-00176-CV
Regular Panel Decision
Nov 19, 2015

in the Interest of A.P., a Child

This is an appeal from a trial court's order terminating the parental rights of Mother and Father to their child, Timmy (A.P.). Mother and Father challenged the termination, arguing issues of involuntary relinquishment, ineffective assistance of counsel, and that termination was not in the child's best interest. The Department of Family and Protective Services presented evidence of parental drug use, criminal history, mental health issues, and an unstable home environment, leading to the child's removal multiple times. Both parents eventually signed affidavits of voluntary relinquishment of parental rights, which they later attempted to revoke, claiming duress or ineffective assistance. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in denying new trials and that the signed relinquishment affidavits were sufficient to support the best interest finding for the child.

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

In the Interest of E.A.K.

Mustofa K Khandokar appealed the termination of his parental rights to his minor child, E.A.K., after a jury found grounds for termination and that it was in the child's best interest. The appellate court found that the trial court erred in admitting hearsay documents, including child outcry statements, without proper foundation or reliability. These evidentiary errors were deemed harmful, likely leading to an improper judgment. Despite finding legally sufficient evidence on one ground for termination and the child's best interest based on properly admitted evidence, the court reversed the trial court's judgment and remanded the case for further proceedings.

Parental Rights TerminationChild Sexual Abuse AllegationsHearsay EvidenceBusiness Records ExceptionPublic Records ExceptionChild Outcry StatementsEvidentiary ErrorHarmless Error AnalysisLegal Sufficiency of EvidenceBest Interest of Child
References
0
Case No. 07-07-0126-CV
Regular Panel Decision
Mar 28, 2008

in the Interest of M.D., a Child

Natasha and Timothy appealed the termination of their parental rights to their son, M.D. Their appeal challenged the sufficiency of the evidence, the child's best interest, and argued due process violations concerning the requirement to file a statement of points within fifteen days. The appellate court affirmed the trial court's order, concluding that the parents' arguments on sufficiency of evidence, best interest, and public policy were not preserved due to untimely filing of the statement of points. Additionally, the court rejected their claims that the fifteen-day filing requirement for a statement of points violated their federal and state due process rights.

Parental RightsDue ProcessAppellate ProcedureSufficiency of EvidenceChild WelfareTexas Family LawStatement of PointsTimelinessAffirmationParental Rights Termination
References
31
Case No. 2-09-140-CV
Regular Panel Decision
Apr 15, 2010

in the Interest of B.J., a Child

Appellant J.J. appealed the termination of her parental rights to her daughter B.J. The trial court found J.J. had knowingly placed or allowed B.J. to remain in conditions that endangered her physical or emotional well-being and that termination was in B.J.'s best interest. Evidence included B.J.'s diagnosis of cellulitis and failure to thrive due to undernourishment and malnutrition, J.J.'s poor hygiene, irregular medication use for bipolar disorder, belligerent conduct in the hospital, failure to comply with CPS service plans (personal counseling, drug assessment, parenting classes), unstable housing and employment, and continued marijuana use despite deferred adjudication community supervision. The appellate court affirmed the trial court's judgment, finding the evidence legally and factually sufficient to support the endangerment and best interest findings, and overruled J.J.'s constitutional challenges.

Parental RightsChild NeglectFailure to ThriveChild Protective ServicesBest Interest of ChildEvidentiary SufficiencyFamily LawTexasAppealMedical Neglect
References
10
Case No. 01-15-00571-CV
Regular Panel Decision
Jun 25, 2015

in the Interest of A.G. and F.G., Children

This is an appellant's brief appealing the termination of parental rights for children A.G. and F.G., involving S.F. (mother) and the Department of Family and Protective Services (DFPS). DFPS intervened after reports of child neglect, including F.G. found unsupervised. The mother, S.F., has a history of mental health issues (depression, bipolar disorder), marijuana use, and unstable housing, and allegedly failed to comply with court-ordered service plans. The trial court terminated her parental rights under Texas Family Code Section 161.001(1)(D), (E), (L), and (O), also finding it to be in the children's best interest. The appellant argues that the evidence was legally and factually insufficient to support the termination and the 'best interest' finding, emphasizing A.G.'s expressed desire against termination and potential instability in the children's current kinship placement with their godmother.

Parental Rights TerminationChild NeglectInsufficient EvidenceBest Interest of ChildSubstance AbuseMental Health IssuesKinship PlacementDomestic RelationsTexas Family CodeAppellate Review
References
20
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