in the Interest of J.E.H.
2012 Tex. App. LEXIS 8285
| Tex. App. | 2012Background
- DFPS filed petition on September 27, 2010 seeking protection of J.E.H., conservatorship, and termination of Clifton B.'s parental rights.
- December 22, 2009 incident allegedly showing Clifton B. driving under the influence of marijuana with J.E.H. in the car; mother of J.E.H. died February 16, 2010.
- The case had been open since January 23, 2010; evidence suggested some service efforts by DFPS but no significant progress.
- A long trial recess led to a one-witness proceeding on January 20, 2012, with only Clifton B. and his sister testifying; no caseworker testimony or other evidence was admitted.
- The trial court terminated Clifton B.’s parental rights under O and P grounds, but the record on appeal showed the state could not rely on certain affidavits or plans as evidence.
- The court remanded for a new trial on Clifton B.’s termination, while affirming termination in all other respects and noting confusion due to the trial recess.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| O grounds sufficiency | Clifton B. removed due to abuse/neglect. | No evidence showed removal for abuse/neglect. | O grounds insufficient; termination reversed and remanded. |
| P grounds sufficiency | Clifton B. used controlled substances endangering J.E.H. | Evidence supported endangerment by substance use. | P grounds insufficient; termination reversed and remanded. |
| Best interest finding | Termination was in J.E.H.'s best interest. | Termination was in J.E.H.'s best interest. | Not determinable due to insufficiency on O/P; remand ordered for new trial. |
Key Cases Cited
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (legal sufficiency standard for termination)
- In re A.V., 113 S.W.3d 355 (Tex. 2003) (two-prong termination analysis; best interest considerations)
- In re D.N.C., 252 S.W.3d 317 (Tex. 2008) (separate challenges for conservatorship vs termination; remand standards)
- In re J.A.J., 243 S.W.3d 611 (Tex. 2007) (separate standards and appellate review for conservatorship vs termination)
- In re S.E.W., 168 S.W.3d 875 (Tex. App.—Dallas 2005) (appellate remand discretion in termination cases)
- Trimble v. Dept. of Protective & Regulatory Servs., 981 S.W.2d 211 (Tex. App.—Houston 1998) (judicial notice of court records and limits)