in the Interest of H.H.L., Jr., Children
04-16-00457-CV
| Tex. App. | Nov 23, 2016Background
- The Department sought termination of Janie’s parental rights to her three children; bench trial was held and only the DFPS caseworker testified.
- Trial court found Janie constructively abandoned the children, failed to complete her family service plan, and endangered the children by using a controlled substance, and terminated her parental rights.
- Caseworker testified Janie was addicted to heroin, had prior unsuccessful treatment attempts, completed a program but did not submit to drug testing thereafter, and did not maintain prescribed medication for anxiety.
- Janie missed several family visits, stopped contacting the Department about four months before trial, and was not present at trial; her home lacked electricity and appeared unmaintained.
- The two younger children were placed with their aunt, who provided stable care and to whom they are bonded; the oldest child is in juvenile detention for manslaughter.
- A child expressed fear Janie might overdose and die; DFPS planned adoption of the younger children by their aunt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination is in the children’s best interest | Termination is supported by evidence of parental drug use, missed visits, failure to complete services, lack of contact, and unstable home | Janie (through counsel) contended the evidence was insufficient to show termination serves the children’s best interest | Court held evidence (viewed under clear-and-convincing standard) was legally and factually sufficient to support best-interest finding |
Key Cases Cited
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (defines clear-and-convincing standard and factors for parental-termination review)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (legal and factual sufficiency framework in termination cases)
- In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (best-interest requirement for termination)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (nonexhaustive list of best-interest factors)
- In re O.N.H., 401 S.W.3d 681 (Tex. App.—San Antonio 2013) (discusses deference to factfinder and probative value of statutory grounds)
- In re A.B., 412 S.W.3d 588 (Tex. App.—Fort Worth 2013) (en banc) (ability of foster/adoptive placement and stability support best-interest finding)
- In re D.J.H., 381 S.W.3d 606 (Tex. App.—San Antonio 2012) (parental heroin use supports best-interest determination)