C. B. v. Texas Department of Family and Protective Services
2013 Tex. App. LEXIS 7546
| Tex. App. | 2013Background
- C.B. appeals termination of parental rights to N.O., Y.O., and D.O. on the sole issue of best interests.
- The Department sought termination under Tex. Fam. Code §161.001(D)(E)(O) with a jury verdict and a best-interest finding.
- During mediation, the parties entered a Return & Monitor arrangement allowing return of all three children under Department monitoring.
- Three days after return, the Department re-removed the children due to concerns about C.B.’s judgment and supervision.
- The September 2011 jury verdict found all statutory grounds and best interest; the court awarded sole managing conservatorship of Y.O. to the paternal grandparents (intervenors).
- The court affirmed the trial court, holding the evidence supported termination by clear and convincing evidence and the best-interest finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by denying a directed verdict on best interest | C.B. claims the Feb. 25 admission collapsed the case to a return, making termination unsupported | TDFPS argues the admission did not eliminate the need for evidence on best interest | No error in denying directed verdict; substantial evidence supports best interest |
| Whether the evidence is legally sufficient to support best interest | C.B. had begun sobriety and family supports; trial lacked corroboration | The record shows continued pattern of endangering conduct and noncompliance | Legally sufficient evidence supports best-interest finding |
| Whether the evidence is factually sufficient to support best interest | The facts show progress and potential for reunification | The evidence demonstrates persistent risk and noncompliance | Factually sufficient evidence supports best-interest finding |
Key Cases Cited
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (parental rights are strong but not absolute; child’s best interests prevail)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parental rights are fundamental but termination requires clear and convincing evidence)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing standard; balancing test for best interest and evidence review)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (best-interest standard; deference to fact-finder; Holley factors guidance)
- Knowles v. Grimes, 437 S.W.2d 816 (Tex. 1969) (best interest and res judicata concepts in custody matters)
- Wilson v. Elliott, 73 S.W. 946 (Tex. 1903) (early authority on best-interest determinations in conservatorship)