in the Interest of A.Q.W.
2013 Tex. App. LEXIS 582
| Tex. App. | 2013Background
- Appellant appeals termination of parental rights under Tex. Fam. Code §161.001(1)(N),(P).
- Trial court found constructive abandonment (N) and use of a controlled substance (P) to justify termination.
- Appellant was incarcerated during the relevant period; DNA later confirmed paternity.
- Department offered a family service plan, but appellant had limited opportunity to participate due to incarceration.
- DNA confirmed appellant as father approximately 36 days before the termination hearing; he received the plan 34 days before trial.
- Court reverses and remands, finding evidence legally insufficient to support either statutory ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for constructive abandonment | Barred by lack of reasonable efforts to return child | Department offered service plan as reasonable reunification effort | Legal insufficiency; abandonment not proven on N. |
| Sufficiency of evidence for use of a controlled substance | Appellant used drugs in a manner endangering child | No evidence of endangering use; no opportunity to complete treatment | Legal insufficiency; no proven P grounds. |
| Reasonable efforts to return child given incarceration | Department failed to provide meaningful opportunities | Plan was reasonable effort; timing due to incarceration | Insufficient evidence of reasonable efforts under N. |
Key Cases Cited
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing standard; termination review framework)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (parental rights termination standard and sufficiency review)
- A.V. v. Tex. Dep’t of Family & Protective Servs., 113 S.W.3d 355 (Tex. 2003) (requires one predicate finding plus best interests; rules of review)
- Liu v. Tex. Dep’t of Family & Protective Servs., 273 S.W.3d 785 (Tex. App.—Houston [1st Dist.] 2008) (reasonable efforts via service plans; reunification focus)
- In re D.T., 34 S.W.3d 625 (Tex. App.—Fort Worth 2000) (incarceration can affect applicability of efforts requirement)
- In re N.R.T., 338 S.W.3d 667 (Tex. App.—Amarillo 2011) (evidence of service plans supports reasonable efforts)
- In the Int. of M.R.J.M., 280 S.W.3d 494 (Tex. App.—Fort Worth 2009) (multiple service plans can show reasonable efforts)
- In re K.M.B., 91 S.W.3d 18 (Tex. App.—Fort Worth 2002) (service plans indicating reunification efforts)