in the Interest of D. L. D., Jr., L. L.S., J. J. S., H. N. S., Children v. Department of Family and Protective Services
01-15-00160-CV
| Tex. App. | Jun 19, 2015Background
- Mother J.T.D. had four children (all under 6) removed after homelessness, shelter evictions for violent conduct, inadequate supervision, and allegations of sexual exposure/neglect; Department filed suit July 18, 2013 and obtained temporary managing-conservatorship.
- The court-approved Family Service Plan required housing, counseling, parenting classes, drug assessment/testing, and compliance with Department services; permanency and status hearings were held and plans were repeatedly renewed.
- During the nearly 18-month case, J.T.D. failed to complete significant services (individual/family therapy), missed visits, lacked stable housing and employment, tested positive for cocaine, missed drug tests, and was arrested/pleaded guilty to prostitution.
- The oldest child (D.L.D.) was placed with his biological father and was doing well; the three younger children placed together in foster care showed marked developmental and medical improvement and their foster family sought adoption.
- At bench trial (Nov. 11, 2014 / Jan. 20, 2015) the trial court found clear-and-convincing evidence of statutory predicate grounds under Tex. Fam. Code §161.001(1)(D),(E),(O) and that termination of J.T.D.’s parental rights was in the children’s best interest; judgment terminating mother’s rights was signed Feb. 3, 2015.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Department) | Held |
|---|---|---|---|
| Whether trial court’s conduct/remarks warranted reversal for lack of decorum | Court’s comments and questioning were disrespectful and showed lack of control | Claim waived (no contemporaneous objection) and record does not demonstrate reversible misconduct; mother interrupted court and exhibited discourteous behavior | Court of appeals should reject claim; no reversible error preserved |
| Whether evidence was legally and factually sufficient that termination was in children’s best interest | Mother argues the evidence does not support that termination was in children’s best interest | Department points to unchallenged predicate findings (D, E, O), mother’s failure to complete services, continued instability, drug use, prostitution arrest, and stable, preferable placements for children | Court found evidence (considering Holley factors and statutory factors) sufficient to support best-interest finding |
| Effect of mother’s compliance with some services (parenting classes, evaluations) on best-interest analysis | Partial compliance and professed love for children weigh against termination | Partial compliance insufficient given noncompletion of key services, continued illegal conduct, lack of housing/employment, and elapsed time without reunification progress | Partial compliance held insufficient; termination affirmed |
| Role of unchallenged predicate findings in appellate review | N/A (mother did not contest predicate grounds) | Unchallenged statutory findings bind appellate review and support best-interest conclusion | Court treats predicate findings as binding and supportive of termination decision |
Key Cases Cited
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (explains heightened clear-and-convincing standard and appellate review in termination cases)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clarifies legal vs. factual sufficiency review under clear-and-convincing evidence standard)
- In re E.C.R., 402 S.W.3d 239 (Tex. 2013) (discusses factors bearing on best-interest findings and interplay with predicate grounds)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (sets out traditional non‑exhaustive factors for determining child’s best interest)
- In re E.A.F., 424 S.W.3d 742 (Tex. App.—Houston [14th Dist.] 2014) (addresses weight of unchallenged findings and sufficiency standards in termination appeals)
- P.W. v. Dept. of Fam. & Prot. Servs., 403 S.W.3d 471 (Tex. App.—Houston [1st Dist.] 2013) (notes appellate restraint in speculating about trial court motives; presumption of proper judicial conduct)
- In re U.P., 105 S.W.3d 222 (Tex. App.—Houston [14th Dist.] 2003) (recognizes presumption favoring natural parent but allows best-interest analysis to focus on child safety)
- Earvin v. Dept. of Fam. & Prot. Servs., 229 S.W.3d 345 (Tex. App.—Houston [1st Dist.] 2007) (tribunal’s credibility determinations and weight of evidence are for trier of fact)
- In re S.B., 207 S.W.3d 877 (Tex. App.—Fort Worth 2006) (upholds termination where parent’s drug use, instability, and failure to comply with plan supported best-interest finding)