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Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re B.H. Children

This case addresses the Family Court's authority to issue an order of protection on behalf of foster care agency employees in a child protective proceeding. MercyFirst, a foster care agency, sought an order of protection against a respondent father to safeguard its caseworkers, L.S. and S.H., from alleged threats and harassment. Presiding Judge Emily M. Olshansky ruled that the Family Court lacked subject matter jurisdiction to grant such an order, as New York statutes do not explicitly extend protection to foster care agency employees in this context. Consequently, the agency's motion for an order of protection was denied, and a subsequent motion for contempt related to a temporary order, which the court found void due to lack of jurisdiction, was also denied.

Family Court JurisdictionOrder of Protection AuthorityChild Protective ServicesFoster Care Worker SafetyStatutory Interpretation New YorkContempt of Court GroundsLimited Jurisdiction CourtsLegal StandingAgency Employees RightsJudicial Review of Statutes

References

Case No. No. 11-08-00293-CV; Trial Court Cause No. 6436-CX

Regular Panel Decision

Jul 23, 2009

in the Interest of S.N., a Child

This is an accelerated appeal from an order terminating a father's parental rights to his child, S.N. The Texas Department of Family and Protective Services initiated the termination proceedings after S.N. and S.M. were removed from the home due to allegations of appellant's abuse towards S.M. and drug use by the parents. The appellant, the father of S.N., pleaded no contest to injury to a child and was sentenced to fifteen years confinement. The trial court terminated his parental rights based on findings that he engaged in criminal conduct resulting in his confinement for over two years and was convicted of injury to a child. On appeal, the appellant challenged the constitutionality of Texas Family Code Ann. Sections 263.405(b) and (i), arguing they violated his due process and equal protection rights by restricting appeals for indigent parents. The appellate court affirmed the trial court's judgment, finding the statutes constitutional and that the appellant had not demonstrated a due process violation or presented a valid challenge to the sufficiency of the evidence.

Parental Rights TerminationChild AbuseDue ProcessConstitutional LawAccelerated AppealTexas Family CodeTexas Penal CodeIndigent ParentFrivolous AppealSufficiency of Evidence

References

Case No. 14-20-00511-CV

Regular Panel Decision

Dec 31, 2020

in the Interest of Z.A.R. A/K/A Z.R., a Child v. Texas Department of Family and Protective Services

This case concerns the appeal of the termination of Mother's parental rights for her son, Z.A.R. (Bobby). The trial court terminated Mother's rights based on findings of child endangerment due to her extensive drug use, unstable housing, and failure to comply with court-ordered reunification services. Mother consistently tested positive for illegal substances and did not maintain stable employment or housing, which led to an environment of uncertainty for Bobby. The child, removed at 1.5 years old and 2.5 at trial, was thriving in foster care and receiving necessary developmental therapies. The appellate court affirmed the trial court's decision, concluding that there was clear and convincing evidence supporting both the endangerment findings and that termination was in Bobby's best interest.

Parental Rights TerminationChild EndangermentSubstance AbuseFamily-Service Plan Non-ComplianceChild WelfareBest Interest of ChildFoster CareNeglectful SupervisionDomestic ViolenceUnstable Home Environment

References

Case No. 03-22-00126-CV

Regular Panel Decision

Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review

References

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

Case No. MISSING

Regular Panel Decision

Nov 22, 1995

In re Clarice P.

The Commissioner of Social Services and the Law Guardian appealed the dismissal of a child protective petition against the mother. The father cross-appealed findings of physical and sexual abuse against him and the subsequent placement of the child, Clarice P., with the Commissioner. The appeals brought by the Commissioner and Law Guardian were dismissed due to a failure to perfect. The father's cross-appeal from the fact-finding order was dismissed as superseded, but the issues were reviewed on his cross-appeal from the order of disposition. The Family Court's determination that the father physically and sexually abused his daughter was affirmed, as it was supported by a preponderance of the evidence, including sufficiently corroborated out-of-court statements from the child and medical evidence. The appellate court found no error in the Family Court's exercise of discretion.

Child Protective ProceedingChild AbuseSexual AbusePhysical AbuseFamily Court ActCorroborated StatementsAppellate ReviewOrder of DispositionParental Abuse

References

Case No. MISSING

Regular Panel Decision

Feb 24, 1988

In re Laura W.

This case concerns an appeal from a Family Court order in New York County that prohibited a father from having any visitation or direct contact with his daughter for 18 months, following a finding of sexual abuse. The appellate court unanimously affirmed the order. The decision highlighted that unsworn out-of-court statements from the victim are admissible in child protective proceedings if corroborated by other reliable evidence. In this instance, substantial medical evidence indicating an enlarged vaginal opening and the absence of a hymen, along with validation testimony from social workers detailing the child's behavioral symptoms consistent with posttraumatic stress syndrome, provided sufficient corroboration. The court also upheld the qualification of expert witnesses and the decision to forgo an additional validation interview, noting that the 18-month period of the protective order had passed, rendering arguments regarding its length moot.

sexual abusechild protectionfamily lawvisitation rightsexpert testimonycorroborationhearsay evidencemedical evidencesocial worker testimonyposttraumatic stress syndrome

References

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

Case No. MISSING

Regular Panel Decision

Mar 08, 1991

New York City Department of Social Services ex rel. Anna Marie A. v. Elena A.

In a child protective proceeding, the father and mother appealed from an order placing their children, Anna Marie A. and Juliana A., in the petitioner's custody for 12 months with supervised visitation. The Family Court's finding that the father sexually abused Anna Marie was affirmed, supported by the child's out-of-court statements corroborated by medical evidence. The mother was found guilty of neglect for failing to protect her children from abuse, as a reasonably prudent parent would have observed signs of injury. The appellate court affirmed the Family Court's dispositional order, finding no reason to disturb the supervised visitation.

Child ProtectionSexual AbuseNeglectFamily CourtSupervised VisitationCustodyAppellate ReviewMedical EvidenceCredibilityPreponderance of Evidence

References

Case No. 14-15-00882-CV

Regular Panel Decision

Dec 28, 2015

in the Interest of K.I.B.C., a Child

This is an appellant's brief challenging the termination of parental rights of C.B. to her child, K.I.B.C. The Texas Department of Family and Protective Services (DFPS) initiated the case due to concerns about neglectful supervision and domestic violence. After an initial conservatorship order, the trial court later terminated C.B.'s parental rights based on Texas Family Code Section 161.001(1)(E) and (O). C.B. argues that the evidence was legally and factually insufficient to support the termination grounds and that the termination was not in K.I.B.C.'s best interest, requesting a reversal and remand.

Parental Rights TerminationChild WelfareFamily Law AppealLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDomestic ViolenceParental Mental HealthNon-compliance with Service PlanChild's Best InterestTexas Family Code 161.001

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re B.H. Children

References

Case No. No. 11-08-00293-CV; Trial Court Cause No. 6436-CX

Regular Panel Decision

Jul 23, 2009

in the Interest of S.N., a Child

Parental Rights TerminationChild AbuseDue ProcessConstitutional LawAccelerated AppealTexas Family CodeTexas Penal CodeIndigent ParentFrivolous AppealSufficiency of Evidence

References

Case No. 14-20-00511-CV

Regular Panel Decision

Dec 31, 2020

in the Interest of Z.A.R. A/K/A Z.R., a Child v. Texas Department of Family and Protective Services

References

Case No. 03-22-00126-CV

Regular Panel Decision

Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review

References

Case No. 02-15-00176-CV

Regular Panel Decision

Nov 19, 2015

in the Interest of A.P., a Child

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review

References

Case No. MISSING

Regular Panel Decision

Nov 22, 1995

In re Clarice P.

Child Protective ProceedingChild AbuseSexual AbusePhysical AbuseFamily Court ActCorroborated StatementsAppellate ReviewOrder of DispositionParental Abuse

References

Case No. MISSING

Regular Panel Decision

Feb 24, 1988

In re Laura W.

sexual abusechild protectionfamily lawvisitation rightsexpert testimonycorroborationhearsay evidencemedical evidencesocial worker testimonyposttraumatic stress syndrome

References

Case No. 2-06-409-CV

Regular Panel Decision

May 31, 2007

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

Parental Rights TerminationChild EndangermentMotion for New TrialAbuse of DiscretionAppellate ReviewFamily LawChild WelfareTexasDefault JudgmentEvidence Admissibility

References

Case No. MISSING

Regular Panel Decision

Mar 08, 1991

New York City Department of Social Services ex rel. Anna Marie A. v. Elena A.

Child ProtectionSexual AbuseNeglectFamily CourtSupervised VisitationCustodyAppellate ReviewMedical EvidenceCredibilityPreponderance of Evidence

References

Case No. 14-15-00882-CV

Regular Panel Decision

Dec 28, 2015

in the Interest of K.I.B.C., a Child

References

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