519 S.W.3d 258
Tex. App.2017Background
- Department filed to terminate Father’s rights to one-year-old J.M.T. after newborn removal due to Mother’s homelessness, untreated mental illness, and prior parental-termination history. Emergency removal and temporary conservatorship were ordered.
- Court-ordered family service plan for Father required psychosocial and substance-abuse evaluations and follow-up, parenting classes, random and zero-tolerance drug testing, stable housing, and proof of employment/income; plan made an order of the court.
- Father tested positive for cocaine, marijuana, and alcohol at various times during the case, admitted to recent drug use, and refused hair and fingernail sampling for zero-tolerance testing; visitation was conditioned on a negative drug test and he never visited.
- Father completed some assessments and counseling but did not complete all recommended services, did not provide proof of stable housing or employment/income to the caseworker, and had sporadic contact with the Department.
- J.M.T. (then 14 months) has developmental delays, was placed with a foster mother who provided a stable home, bonded with the child, sought to adopt, and was meeting the child’s special needs.
- Trial court terminated Father’s parental rights under Texas Family Code §161.001(b)(1) predicates (including (E), (O), (P)) and found termination was in the child’s best interest; Father appealed sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal & factual sufficiency of evidence supporting termination predicate under Tex. Fam. Code §161.001(b)(1)(O) (failure to comply with court-ordered service plan) | Dept.: Father failed to comply with multiple court-ordered service-plan requirements (housing, drug abstinence/testing, proof of income), supporting (O). | Father: He completed some services and provided disability documentation; evidence insufficient to show failure to comply. | Affirmed: Evidence legally and factually sufficient to support predicate (O). |
| Legal & factual sufficiency of evidence supporting termination predicate under §161.001(b)(1)(P) (controlled-substance use endangering child) | Dept.: Positive drug tests, admissions, and refusal of zero-tolerance tests show use and endangerment. | Father: Argued limited/early use and some compliance; overall insufficient. | Implicitly affirmed (Father conceded sufficiency); court did not need to address other predicates after finding (O) and best interest. |
| Legal & factual sufficiency of evidence supporting termination predicate under §161.001(b)(1)(E) (endangerment by conduct or allowing exposure to dangerous persons) | Dept.: Father’s drug use and living conditions endangered child. | Father: Disputed sufficiency. | Not necessary to resolve (only one predicate needed); court affirmed overall judgment without addressing this separately. |
| Legal & factual sufficiency that termination was in child’s best interest | Dept.: Father’s continued drug use, failure to complete services, lack of stable housing/income, and foster home stability/support show termination is in child’s best interest. | Father: Emphasized love for child, disability income, availability to provide 24-hour care, and some service completion. | Affirmed: Court found clear-and-convincing evidence termination served child’s best interest. |
Key Cases Cited
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (standard for legal- and factual-sufficiency review in parental-termination cases)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (appellate sufficiency principles; consider all evidence)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (effect of heightened clear-and-convincing standard on appellate review)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (Holley factors for child’s best interest)
- In re E.C.R., 402 S.W.3d 239 (Tex. 2013) (failure to complete court-ordered services supports best-interest finding)
- In re H.R.M., 209 S.W.3d 105 (Tex. 2006) (deference to factfinder on credibility)
- In re Z.C., 280 S.W.3d 470 (Tex. App.—Fort Worth) (stability and child thriving in foster care support termination)