in the Interest of K.A.S., a Child
2012 Tex. App. LEXIS 7740
| Tex. App. | 2012Background
- Department received neglectful supervision referral for newborn K.A.S.; temporary managing conservatorship granted; case then proceeded to a temporary management and service plan; K.A.S. placed in a foster-adopt home with sibling after department conservatorship; trial court terminated parental rights of L.S. and M.H. on constructive abandonment grounds; six-month custody/conservatorship requirement contested; department contends six months met from July 20, 2011 to January 23, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive abandonment requires six months in conservatorship | L.S. and M.H.? | Department argues six months satisfied from July 20, 2011 | Six months satisfied; termination upheld |
| Ineffective assistance of counsel | Counsel failed to object to six-month evidence | Counsel adequate given department held conservatorship six months | No ineffective assistance; Strickland prongs not satisfied |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. Supreme Court 1982) (parental rights are fundamental but not absolute)
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (strict scrutiny in termination cases; due process and standards)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (strict standard for termination; best interests factor)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing standard in termination; due process)
- In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (Strickland standard for ineffective assistance in termination cases)
- In re M.S., 115 S.W.3d 534 (Tex. 2003) (two-prong Strickland test applied to termination)