in the Interest of D.R.J. and T.F.J., Children
395 S.W.3d 316
Tex. App.2013Background
- CPS received a June 1, 2009 referral alleging sexual abuse of J.J., M.J., L.J.1, and L.J.2 by K.M. within C.J.’s household.
- K.M. was previously involved in multiple incidents; J.J. and others were not living with C.J. at all times.
- D.R.J. and T.F.J. were removed from J.J.’s care and placed in foster care along with other siblings.
- DFPS shifted from reunification to termination after J.J. partially complied with services.
- J.J. challenged the sufficiency of the evidence tying removal to abuse/neglect by her; the majority held it supported under 161.001(l)(O).
- Concurrence disagreed, attributing removal to C.J.’s neglectful supervision rather than J.J.’s abuse or neglect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports termination under 161.001(l)(O). | J.J. argues no abuse/neglect by her caused removal. | DFPS contends removal was based on abuse/neglect under (O). | Yes; evidence legally and factually sufficient under (O). |
Key Cases Cited
- In re S.N., 287 S.W.3d 183 (Tex.App.-Houston [14th Dist.] 2009) (subsection (O) does not require the same parent who failed to comply to be the abuser)
- In re J.P.B., 180 S.W.3d 570 (Tex.2005) (standard for legal sufficiency in termination cases; view all evidence in light most favorable to the finding)
- In re A.A.A., 265 S.W.3d 507 (Tex.App.-Houston [1st Dist.] 2008) (reliance on evidence of ongoing risk/neglect for removal under (O))