in the Interest of D.A. and S.G., Children
02-15-00213-CV
| Tex. App. | Dec 10, 2015Background
- Mother bore Darcy in 2010 and Stacy in 2012; two children with different fathers.
- Department filed petition in July 2014 seeking termination of Mother’s rights if reunification failed and termination of fathers’ rights.
- Initial court order named Department temporary sole managing conservator and Grandmother possessory conservator.
- Mother resisted removal; she had a history of violence and drug use; Department required service-plan compliance, drug testing, visits, and counseling.
- Mother repeatedly refused drug tests and minimal participation in services; visitation was inconsistent and often disrupted by outbursts.
- Bench trial in July 2015 resulted in termination of Mother’s rights to both children, with Department as permanent managing conservator and Grandmother as adoptive custodian; Fathers’ rights also terminated but not appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of termination under §161.001(b)(1)(E) endangerment | Mother contends no endangering conduct proven | Department contends evidence shows endangerment through violence, drug use, and unstable conduct | Legal sufficiency: endangerment proven under §161.001(b)(1)(E) |
| Sufficiency of termination under §161.001(b)(1)(D) failure to comply with service plan | Mother argues no timely or meaningful compliance | Department shows noncompliance and lack of progress | Court did not reach this on appeal; overruled in part as to E; D not affirmed on record |
| Sufficiency of termination under §161.001(b)(1)(O) failure to comply with court order | Mother argues no violation of specific court orders proven | Department asserts ongoing noncompliance with orders | Court declined to independently analyze O; affirmed termination on other grounds |
| Best interest of the children under §161.001(b)(2) | Best interest favored reunification with Mother | Best interest favored Grandmother and adoption | Termination is in the children’s best interest; Grandmother positioned to adopt; Holley factors supported |
Key Cases Cited
- In re E.R., 385 S.W.3d 552 (Tex. 2012) (strict scrutiny of termination; due-process protections)
- E.N.C., 384 S.W.3d 796 (Tex. 2012) (clear-and-convincing standard; Holley factors applicable)
- In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (reasonableness of evidence to support termination; standard)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (Holley factors for best-interest analysis)
- In re J.L., 163 S.W.3d 79 (Tex. 2005) (guidance on appraisal of termination evidence)