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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

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. 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. 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. 07-07-0126-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. 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. 2-06-409-CV
Regular Panel Decision
May 31, 2007

in the Interest of A.M.S.S., a Child

Appellant Lola S. appealed the trial court's denial of her motion for new trial, asserting an abuse of discretion in terminating her parental rights to her child, A.M.S.S. Lola S. did not appear for trial, claiming she did not receive written notice due to a change of address, though her counsel confirmed she was informed. The Texas Department of Family and Protective Services (TDFPS) presented a history of Lola S.'s endangering conduct towards her other child and other criminal acts. The trial court found clear and convincing evidence that Lola S. endangered the child's well-being and that termination was in the child's best interest. The Court of Appeals affirmed the trial court's judgment, concluding there was no abuse of discretion.

Parental Rights TerminationChild EndangermentMotion for New TrialAbuse of DiscretionAppellate ReviewFamily LawChild WelfareTexasDefault JudgmentEvidence Admissibility
References
4
Case No. 10-19-00325-CV
Regular Panel Decision
Feb 26, 2019

in the Interest of H.J.Y.S., a Child

This case involves an appeal by Frederica (the mother) and Maria (the maternal aunt) from a judgment that terminated Frederica's parental rights to H.J.Y.S., a child, and modified the parent-child relationship. Frederica appealed on grounds of improper service, insufficient evidence for termination, and jury charge error. Maria appealed the modification, citing insufficient evidence of a material and substantial change in circumstances and that it was not in the child's best interest. The appellate court found the evidence factually insufficient for termination under Section 161.001(b)(1)(E) but affirmed the termination under Section 161.001(b)(1)(N) (constructive abandonment) and the modification. The judgment of the trial court was modified to delete the finding under Section 161.001(b)(1)(E) and affirmed as modified.

parental rights terminationchild conservatorshipfamily law appealTexas Family Codechild's best interestsubstituted service of processfactual sufficiency of evidenceconstructive abandonmentparental deportationalcohol abuse concerns
References
34
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. 05-19-00329-CV
Regular Panel Decision
Sep 11, 2019

in the Interest of M.M., a Child

The Texas Department of Family and Protective Services (Department) filed a suit to terminate Father’s parental rights concerning his minor child, M.M., which the trial court granted after a jury trial. Father appealed, raising six issues, including alleged violations of Family Code deadlines, ineffective assistance of counsel, an erroneous denial of an intervenor's motion, and improper admission of his murder conviction. The Court of Appeals overruled all of Father's issues, finding no violation of Family Code deadlines, no ineffective assistance of counsel, lack of standing for the intervenor's issue, and no abuse of discretion in admitting the conviction. The court also determined that Father failed to preserve his evidentiary sufficiency challenges regarding the jury's findings on M.M.'s best interest and the Department's appointment as managing conservator. Accordingly, the trial court's judgment terminating Father's parental rights was affirmed.

Parental Rights TerminationChild Protective ServicesIneffective Assistance of CounselFamily Code DeadlinesRule 11 AgreementIntervention PetitionCriminal Conviction AdmissibilityBest Interest of ChildEvidentiary SufficiencyManaging Conservatorship
References
16
Case No. 07-13-00372-CV
Regular Panel Decision
Feb 19, 2015

in the Matter of the Marriage of Stephenie McDaniel and Andrew Stuart McDaniel and in the Interest of A.G.D.M., a Child

Andrew Stuart McDaniel, a federal prisoner, appealed pro se from a final divorce decree. The trial court granted a divorce, divided the marital estate, and designated Stephenie McDaniel as the managing conservator of their child. McDaniel raised seven complaints on appeal, including denial of due process, failure to consider statutory factors for conservatorship, failure to execute findings of fact and conclusions of law, failure to rule on motions, unequal division of the marital estate, denial of spousal support, and judicial misconduct. The Court of Appeals, Seventh District of Texas at Amarillo, affirmed the trial court's decision, finding no error in the trial court's rulings on due process, spousal support, property division, child's best interests, or judicial conduct. The court noted McDaniel's failure to preserve certain complaints for review and found that ample evidence supported the trial court's decisions.

DivorceChild CustodyMarital Estate DivisionDue ProcessSpousal SupportJudicial MisconductAppellate ReviewPro Se AppealParental RightsTexas Family Law
References
13
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