in the Interest of K. R. G. and K. W. G, Children
01-16-00537-CV
| Tex. App. | Dec 15, 2016Background
- DFPS filed to terminate K.G.’s parental rights to two children after a July 2015 investigation that found domestic violence, an unsanitary/infested home, and lack of food. DFPS removed the children on July 8, 2015.
- Mother (G.G.) reported repeated physical abuse by K.G., including during pregnancy; medical records and a family-evaluation corroborated bruising, lacerations, threats, and prior marks on the child.
- K.G. has a long history of narcotics-related convictions and repeatedly tested positive for various drugs during the case; he failed to complete substance-abuse, domestic-violence, and anger-management services required by his Family Service Plan (FSP).
- The children were placed together in a foster home in August 2015, bonded with foster parents who wished to adopt, and showed behavioral and developmental improvement in care.
- After a bench trial the trial court terminated K.G.’s parental rights under Tex. Fam. Code §161.001(b)(1)(E) and (O) and found termination was in the children’s best interest; K.G. appealed arguing legal and factual insufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported termination under §161.001(b)(1)(E) (endangerment) | DFPS: K.G.’s continued drug use, criminal history, domestic violence and unsafe home constituted a voluntary, continuing course of conduct endangering the children | K.G.: Evidence did not show his conduct directly endangered children or constitute a continuing course of conduct | Held: Evidence was legally and factually sufficient to support endangerment finding (affirmed) |
| Whether K.G. failed to comply with court-ordered actions (FSP) under §161.001(b)(1)(O) | DFPS: K.G. did not complete required services (drug treatment, DV, anger management) | K.G.: (raised insufficiency challenges) | Held: Court did not need to decide because (E) was sufficient; trial court had evidence of noncompliance (issue subsumed) |
| Whether termination was in the children’s best interest (§161.001(b)(2)) | DFPS: Children needed permanency; foster placement stable and beneficial; K.G. posed ongoing risk due to drugs, violence, and unstable home | K.G.: Termination not supported by convincing evidence of best interest | Held: Evidence was legally and factually sufficient to find termination in children’s best interest (affirmed) |
| Standard of review for termination appeals | DFPS: elevated clear-and-convincing standard requires reviewing legal and factual sufficiency under In re J.F.C. | K.G.: challenged application of sufficiency standards to evidence | Held: Court applied clear-and-convincing legal and factual-sufficiency framework and affirmed trial court findings |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (constitutional right to parent requires heightened proof) (parental-rights termination standard)
- Troxel v. Granville, 530 U.S. 57 (parental liberty interest in care and custody of children)
- Holick v. Smith, 685 S.W.2d 18 (Tex.) (involuntary termination requires clear and convincing evidence)
- Tex. Dep’t of Human Servs. v. Boyd, 727 S.W.2d 531 (Tex.) (endangerment requires more than metaphysical injury)
- In re J.F.C., 96 S.W.3d 256 (Tex.) (clarifies sufficiency review under clear-and-convincing standard)
- In re J.O.A., 283 S.W.3d 336 (Tex.) (parental drug use can establish endangering course of conduct)
- In re A.A.M., 464 S.W.3d 421 (Tex. App.—Houston [1st Dist.]) (continued drug use after DFPS involvement supports endangerment)