in the Interest of A.L.H., Child
14-14-01030-CV
| Tex. App. | Apr 27, 2015Background
- Child A.L.H. was removed in Jan 2014 at four months old due to concerns about mother T.H.'s drug use; he had been in DFPS conservatorship ~10 months at trial (Dec. 3, 2014).
- Mother T.H. executed an Irrevocable Affidavit of Voluntary Relinquishment of Parental Rights before trial and did not appear at trial; the affidavit was admitted without objection.
- Father L.M.'s paternity was not initially established; DNA ultimately tied him to the child via a sample from the paternal aunt, Maravi Moore; L.M. did not meaningfully participate in the case (no visits, no support, few court appearances, failed to comply with paternity order).
- DFPS identified and evaluated relatives (aunt Moore) and a foster family; both foster parents and a therapist testified the foster home was stable and the child was bonded and thriving; DFPS sought placement with aunt and supported termination as in child’s best interest.
- Trial court terminated T.H.'s rights under Tex. Fam. Code §161.001(1)(K) (relinquishment) and terminated L.M.'s rights under §161.001(1)(D) (endangerment) and (N) (constructive abandonment); DFPS named sole managing conservator.
Issues
| Issue | Plaintiff's Argument (Appellants) | Defendant's Argument (DFPS) | Held (trial-court finding / appellate position urged) |
|---|---|---|---|
| Sufficiency to terminate T.H. under §161.001(1)(K) (relinquishment) | T.H. argues affidavit was not shown to be voluntarily executed; evidence insufficient to support (K). | DFPS: affidavit met statutory form, was admitted without objection, caseworker testified mother sought termination; mother presented no evidence of fraud/duress as required to attack affidavit. | Trial court terminated under (K); DFPS urges affirmance — affidavit is prima facie valid absent proof of fraud/duress. |
| Best-interest finding for T.H. termination (§161.001(2)) | T.H. contends insufficient evidence termination was in child's best interest. | DFPS: affidavit itself states termination is in child’s best interest; additionally evidence of mother’s drug history, failure to appear, and stable foster/relative placement supports best interest. | Trial court found termination in child's best interest; DFPS urges affirmance. |
| Sufficiency to terminate L.M. under §161.001(1)(N) (constructive abandonment) | L.M. argues presence of a willing relative (aunt) and lack of a DFPS service plan undermine §(N) finding and show he could provide a safe environment. | DFPS: (N) requires parent to show efforts to provide/arrange safe environment — mere existence of a relative is insufficient absent the parent arranging/agreeing with surrogate; DFPS served L.M., sought paternity testing, evaluated relatives, and aunt did not agree to act as surrogate for L.M. while L.M. was uninvolved. | Trial court found (N); DFPS urges affirmance — evidence supports constructive abandonment and that DFPS made reasonable efforts. |
| Sufficiency to terminate L.M. under §161.001(1)(D) (endangerment) | L.M. challenges endangerment proof. | DFPS: father knew mother’s history (prior removals for mother’s drug use), did nothing to protect child, had his own substance/criminal issues per aunt’s testimony; parental misconduct can create endangering environment. | Trial court found (D) (also (N)); DFPS argues (D) is independently supported but appellate review unnecessary because (N) suffices. |
Key Cases Cited
- Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390 (Tex. 1982) (relinquishment affidavit can constitute sufficient evidence of best interest)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (non-exhaustive best-interest factors)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (standards for termination review; appellate review considers clear-and-convincing burden)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clarifying legal and factual sufficiency under clear-and-convincing standard)
- In re A.V., 113 S.W.3d 355 (Tex. 2003) (only one statutory ground needed to support termination)
- In re H.R.M., 209 S.W.3d 105 (Tex. 2006) (analysis of incarcerated parent's ability to provide care through surrogates)
- In re A.G.C., 279 S.W.3d 441 (Tex. App.—Houston [14th Dist.] 2009) (relinquishment affidavit as evidence for best interest)
- In re D.S.A., 113 S.W.3d 567 (Tex. App.—Amarillo 2003) (incarcerated parent may provide a safe environment via surrogate; parent must show arrangement)
- In re B.S.T., 977 S.W.2d 481 (Tex. App.—Houston [14th Dist.] 1998) (reasonable efforts and termination under abandonment-type grounds)