in the Interest of D.L.W., a Child
07-15-00243-CV
| Tex. App. | Dec 4, 2015Background
- Department of Family and Protective Services filed for termination of T.M.’s parental rights to her two youngest children, H.M. (b.2004) and D.L.W. (b.2007); the cases were severed into separate proceedings.
- H.M.’s father was later appointed sole managing conservator; T.M. was granted possessory conservatorship of H.M. in a separate proceeding.
- In D.L.W.’s proceeding, the Department proved statutory grounds for termination (not contested on appeal) based on T.M.’s ongoing methamphetamine use, history of domestic violence, poor judgment in relationships, and failure to provide a stable home.
- Evidence showed repeated positive drug tests during the 18-month case, an April 2015 positive methamphetamine test, an assault arrest, noncompliance with her service plan, and continued contact with D.L.W.’s father who had a history of domestic violence.
- D.L.W. had bonded with a foster family, was diagnosed with reactive attachment disorder, and the foster parents intended to adopt; the trial court found termination was in his best interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial estoppel | Department cannot argue termination is in D.L.W.’s best interest after accepting T.M. as possessory conservator of H.M. | Judicial estoppel generally inapplicable to governmental actions here; different proceedings/children; no unfair advantage shown | Rejected — judicial estoppel not applicable |
| Res judicata | H.M.’s conservatorship order should preclude evidence of T.M.’s conduct before that order for D.L.W.’s best-interest determination | Conservatorship order was not a final judgment on same claims; proceedings severed and involved different children; continuous misconduct exception also applies | Rejected — res judicata does not bar consideration of relevant evidence |
| Factual sufficiency of best-interest finding | T.M.: evidence insufficient to show termination was in D.L.W.’s best interest; she has a bond with son and sister | Department: totality of evidence (drug use, instability, violence, bonding with foster family) supports best-interest finding | Affirmed — evidence was sufficient under clear-and-convincing standard |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (constitutional dimension of parental rights and required due process standard)
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (parental rights constitutional significance)
- In re C.H., 89 S.W.3d 17 (clear-and-convincing standard and separation of statutory grounds and best interest)
- In re E.N.C., 384 S.W.3d 796 (heightened standard in termination cases)
- In re J.F.C., 96 S.W.3d 256 (factual-sufficiency review in termination cases)
- Holley v. Adams, 544 S.W.2d 367 (factors for best-interest determinations)
- Ferguson v. Bldg. Materials Corp. of Am., 295 S.W.3d 642 (doctrine of judicial estoppel in Texas)