in the Interest of J.D., a Child
2014 Tex. App. LEXIS 6218
| Tex. App. | 2014Background
- DFPS petitioned for protection, conservatorship, and termination of parental rights on Dec 6, 2012 following a two-month-old Child’s injuries.
- Child sustained an arm fracture and a leg fracture; medical reports suggested non-accidental injuries and abuse.
- Mother provided inconsistent explanations for injuries and claimed others (including a five-year-old sister) could have caused them.
- Medical experts and CPS concluded injuries were abusive; five-year-old could not have caused the fractures.
- The trial court found termination supported by clear and convincing evidence under Tex. Fam. Code §161.001(1)(D),(E) and that termination was in the Child’s best interest.
- Appellate court affirmed; the Mother appealed challenging the sufficiency of the evidence to support termination under Chapter 161.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence legally sufficient to support endangerment under 161.001(1)(D) | Mother argues no endangering conditions were proven | Department asserts injuries and environment showed endangerment | Yes, legally sufficient under D |
| Whether the evidence legally sufficient to support endangerment under 161.001(1)(E) | Mother contends no conduct endangered the child | Department shows caregiver knew of injuries and risk | Yes, legally sufficient under E |
| Whether termination is in the Child's best interests | Mother claims potential for stability and care | Department shows foster care stability and adoption plans | Yes, termination in best interest |
Key Cases Cited
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (due process and heightened burden in termination cases; parental rights are not absolute)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing standard; appellate deference to fact-finder; credibility of witnesses)
- In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (multiple injuries; environment endangering well-being; caregiver awareness justified termination)
- In re C.H., 389 S.W.3d 534 (Tex. App.—El Paso 2012) (parental knowledge and environmental risks; non-accidental injuries sufficient for termination)