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

Case No. 2-03-350-CV
Regular Panel Decision
Jul 22, 2004

in the Interest of T.N. and M.N., Children

The appellate court affirmed the trial court's order terminating the parental rights of J.N. (Mother) and S.N. (Father) to their children, T.N. and M.N. The parents appealed the termination, challenging the children's attorney's performance, trial court's rulings on challenges for cause, and the factual sufficiency of evidence regarding endangerment and the children's best interest. The court found Mother lacked standing for her complaints and failed to preserve other issues. For Father, the court upheld the admission of lay testimony and found sufficient evidence of endangerment due to his conduct, including leaving children with a substance-abusing grandmother and Mother, and their own domestic violence. The court also found sufficient evidence that termination was in the children's best interest, citing Father's instability and limited participation in recommended programs.

Parental Rights TerminationChild EndangermentBest Interest of ChildAppellate ReviewFactual SufficiencyAttorney Ad LitemDue ProcessChallenges for CauseExpert TestimonyLay Testimony
References
21
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
Case No. 06-19-00106-CV
Regular Panel Decision
Apr 09, 2020

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

The Texas Sixth Appellate District Court of Appeals affirmed the termination of parental rights for Mother concerning her two children, J.M. and L.M. The trial court found statutory grounds for termination, including child abuse, neglect, and Mother's incarceration for family violence and drug offenses. Mother appealed, challenging the denial of a motion for continuance and the sufficiency of evidence regarding the children's best interests. The appellate court found Mother's procedural arguments unpreserved and upheld the trial court's determination that termination was in the children's best interests based on clear and convincing evidence of Mother's harmful actions and neglect. Additionally, Mother lacked standing to challenge the conservatorship determination after her parental rights were terminated.

Parental Rights TerminationChild AbuseNeglectFamily ViolenceDrug OffensesBest Interest of ChildAppellate ReviewSufficiency of EvidenceConservatorshipFoster Care
References
37
Case No. 13-06-237-CV
Regular Panel Decision
Feb 01, 2007

in the Interest of V.A., V.A., and V.A., Minor Children

The Thirteenth District Court of Texas, Corpus Christi-Edinburg, affirmed the termination of a biological mother's parental rights to her three minor daughters, V.A.1, V.A.2, and V.A.3. The Texas Department of Protective and Regulatory Services (the Department) initially sued the mother, alleging conditions endangering the children and the mother's failure to comply with court-ordered actions for family reunification under sections of the Texas Family Code. A jury found statutory grounds for termination and that it was in the children's best interest. The mother appealed, challenging the factual sufficiency of the evidence for termination and the trial court's admission of alleged 'backdoor hearsay' testimony regarding drug use. The appellate court found sufficient evidence to support the jury's verdict that the mother failed to comply with the court-ordered service plan and that termination was in the children's best interest. The court also concluded there was no reversible error in the admission of the challenged testimony, as it was consistent with other admitted evidence.

Parental Rights TerminationChild WelfareTexas Family CodeFactual SufficiencyHearsay EvidenceAppellate ReviewBest Interest of the ChildChild Abuse AllegationsUnstable Home EnvironmentSubstance Abuse
References
18
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. 13-01-156-CV
Regular Panel Decision
Dec 06, 2001

in the Interest of S. Q., C. Q., F. Q., M. Q., and A. Q., Children

Laura Quitugua appealed the termination of her parental rights to her five minor children. The Texas Department of Protective and Regulatory Services (TDPRS) initiated the termination due to the children living on the streets, alleged sexual abuse between siblings, and Quitugua's failure to complete a family-service plan. Quitugua did not provide suitable housing, remained with an abusive boyfriend, and failed to protect her children from harm. The trial court found clear and convincing evidence that Quitugua endangered the children's well-being and that termination was in their best interest. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support both the statutory grounds for termination and the determination that termination was in the children's best interest.

Parental Rights TerminationChild EndangermentTexas Family CodeSufficiency of EvidenceBest Interest of the ChildAbuse of DiscretionMotion for New TrialDomestic ViolenceChild NeglectAppellate Review
References
11
Case No. 06-14-00078-CV
Regular Panel Decision
Feb 12, 2015

in the Interest of R.L.C., Jr., R.D.C., K.M.S., and A.M.C., Children

Amy Smith's parental rights to her four children were terminated by the trial court due to her extensive history of drug abuse, criminal justice involvement, and neglectful supervision, which endangered her children's physical and emotional well-being. Smith appealed, challenging the factual sufficiency of the evidence to show that termination was in the children's best interests. The appellate court, considering various Holley factors such as Smith's continued drug use, lack of stable housing and income, failure to complete treatment programs, and the children's improved conditions in foster care, affirmed the trial court's judgment. The court found that the evidence was factually sufficient to form a firm belief or conviction that termination was in the children's best interests.

Parental Rights TerminationChild EndangermentDrug AbuseBest Interest of the ChildFactual SufficiencyTexas Family CodeSubstance Abuse DisorderFoster CareNeglectful SupervisionHolley Factors
References
15
Case No. 12-22-00111-CV
Regular Panel Decision
Oct 31, 2022

in the Interest of S. A. and R.T., Children

S.T. appealed the termination of her parental rights to S.A. and R.T., arguing insufficient evidence regarding serious physical or emotional damage to R.T., the children's best interest, and the trial court's discretion in conservatorship. The Department of Family and Protective Services initiated the termination due to parental drug use, domestic violence between S.T. and D.T., and S.T.'s anger issues. The court reviewed S.T.'s compliance with a family service plan, documented domestic violence incidents, and S.A.'s allegation of attempted drowning by D.T. The Indian Child Welfare Act (ICWA) was also considered, as R.T. is an Indian Child. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the termination of S.T.'s parental rights and that the termination was in the children's best interest.

Parental Rights TerminationChild EndangermentDomestic ViolenceDrug AbuseIndian Child Welfare ActChild WelfareTexas Family CodeAppellate ReviewBest Interest of the ChildParental Anger Issues
References
45
Case No. 01-16-00491-CV; 01-16-00535-CV
Regular Panel Decision
Dec 13, 2016

in the Interest of J.R. and M.D.N.S.T., Children

This memorandum opinion concerns an appeal from the termination of parental rights for two children, J.R. and M.D.N.S.T., by the 314th District Court of Harris County, Texas. L.S. (Mother) and J.T. (Mary's Father) appealed the decision, challenging the trial court's jurisdiction, the sufficiency of evidence for modifying conservatorship, the statutory grounds for termination, and the best-interest finding. The appellate court found that the trial court maintained subject-matter jurisdiction and that there was legally and factually sufficient evidence of a material and substantial change in circumstances to modify conservatorship. Specifically, the court affirmed the termination of Mother's rights based on her failure to comply with the court-ordered family service plan (Subsection O) and Father's rights based on his history of endangering conduct (Subsection E). Furthermore, the court concluded that the evidence adequately supported the trial court's finding that termination was in the children's best interest, considering their long stay in foster care, special needs, and the parents' non-compliance.

Parental Rights TerminationChild CustodyFamily LawChild WelfareFoster CareAbuse and NeglectBest Interest of the ChildMaterial and Substantial ChangeFamily Service PlanAppellate Review
References
37
Case No. 13-10-00100-CV
Regular Panel Decision
Dec 21, 2010

in the Interest of E. S. and A. G., Children

V.S. appealed the termination of her parental rights to her two children, E.S. and A.G. The trial court's decision was based on findings that V.S. violated statutory grounds for termination, specifically by failing to comply with a court-ordered family service plan, and that termination was in the children's best interest. The children were removed from V.S.'s care after E.S. sustained severe, non-accidental burns, which medical experts concluded were consistent with head immersion in scalding water. V.S. initially lied about the circumstances to protect the children's father, A.U.G., and later pleaded guilty to hindering his apprehension. She also failed to complete required classes, evaluations, maintain stable housing, or consistent visitation. The appellate court affirmed the trial court's judgment, finding both legal and factual sufficiency of evidence to support the termination of V.S.'s parental rights.

Parental Rights TerminationChild AbuseChild NeglectFamily LawTexas Family CodeSufficiency of EvidenceBest Interest of ChildService Plan Non-ComplianceDomestic ViolenceLegal Sufficiency
References
29
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