in the Interest of L.A.M., Child
14-16-00395-CV
| Tex. App. | Oct 27, 2016Background
- Department investigated after report that Lucy (infant) was present during domestic violence between Mother and A.M.; Mother had prior criminal history and prior DV.
- Mother signed safety plans but repeatedly missed visits with caseworkers, resisted services, and expressed desire to continue relationship with A.M.; Department moved case from Family Based Safety Services to conservatorship.
- Mother tested positive for marijuana and cocaine during the case (April, June, September 2015); she was later incarcerated and in an in-custody drug treatment facility at trial.
- Department attempted relative placements: Grandfather’s home failed approval (other adult living there, work absences); Grandmother declined to complete interstate home study and would not adopt.
- At trial Lucy had been placed with a foster family and bonded with them; Department sought termination under Tex. Fam. Code §161.001(b)(1)(E), (O), and (P) and appointment of the Department as sole managing conservator.
- Trial court terminated Mother’s parental rights on grounds including subsection (P) (drug use endangering child and failure to complete court-ordered treatment) and found termination was in Lucy’s best interest; Mother appealed challenging sufficiency of evidence on grounds and best-interest finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was legally and factually sufficient to support termination under §161.001(b)(1)(E), (O), and (P) | Department: clear-and-convincing evidence of endangering conduct, noncompliance with services, constructive abandonment, and ongoing drug use | Mother: challenged sufficiency as to (E) and (O); conceded (P) | Court: affirmed based on unchallenged subsection (P); did not reach (E) and (O) because (P) alone supports termination |
| Whether termination was in the child’s best interest | Department:Mother’s ongoing drug use, failure to complete services, lack of stable relative placement, and Lucy’s bond with foster parents favor termination | Mother: argued substantial compliance, plan to complete treatment on release, requested more time and placement with relatives | Court: evidence (drug tests, noncompletion of services, instability of relatives, foster bond) legally and factually sufficient to support best-interest finding; affirmed |
Key Cases Cited
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (factors for best-interest analysis)
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (parental-rights termination implicates constitutional rights)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear-and-convincing standard and appellate review in termination cases)
- In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (legal-sufficiency standard in termination appeals)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (balancing parent and child interests; best-interest evidence)
- In re E.C.R., 402 S.W.3d 239 (Tex. 2013) (service-plan noncompliance relevant to §161.001(b)(1)(O))