in the Interest of L. N. W .
01-17-00545-CV
| Tex. App. | Dec 14, 2017Background
- Infant L.N.W. (born 2016) was removed by DFPS shortly after birth due to concerns about parental bipolar disorder, drug use, domestic violence, and K.S.’s recent hospitalization and arrest; DFPS placed the child with a foster family that had already adopted the child's sibling.
- K.S. has mental-health diagnoses (bipolar disorder, depression), a history of inconsistent treatment/noncompliance, prior psychiatric hospitalization, and a prior termination of parental rights to another child (K.W.).
- During the case K.S. was convicted of aggravated assault (family member) for threatening her sister with a knife and violated probation terms by continuing to live with the sister.
- Evaluations (Children’s Crisis Care Center/4Cs) flagged K.S. for low parenting scores, possible low cognitive functioning, poor coping and decision-making, and recommended psychological evaluation, counseling, medication monitoring, domestic-violence treatment, and parenting classes; DFPS found no proof K.S. completed services.
- The Department obtained an "aggravated circumstances" finding (waiving reasonable-efforts/service-plan requirements) because K.S. previously had parental rights terminated; the child remained in a stable adoptive foster placement bonded with her sibling and caregivers.
- At bench trial the court terminated K.S.’s parental rights under Tex. Fam. Code §161.001(b)(1)(M) (prior termination) and found termination was in the child’s best interest; K.S. appealed claiming factual insufficiency of the best-interest finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is factually sufficient to support the trial court’s finding that termination of K.S.’s parental rights is in L.N.W.’s best interest | K.S. contends the record does not factually support best-interest finding — points to limited visitation, some family willingness to help, and earlier observations that she had basic supplies for the infant | DFPS and the guardian ad litem argued record shows untreated bipolar disorder, violent criminal conduct, prior termination of another child, failure to complete services, instability, and that the child is bonded and thriving in a permanent adoptive foster home | Court affirmed: evidence was factually sufficient to support best-interest finding and affirmed termination under §161.001(b)(1)(M) |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (constitutional interest in parent–child relationship requires heightened proof)
- In re A.V., 113 S.W.3d 355 (Tex. 2003) (only one valid predicate finding plus best interest supports termination)
- In re J.F.C., 96 S.W.3d 256 (standard for clear-and-convincing evidence review in termination cases)
- Holick v. Smith, 685 S.W.2d 18 (strict scrutiny and construction of termination statutes in favor of the parent)
- In re C.H., 89 S.W.3d 17 (evidence supporting predicate grounds may be probative of best interest)
- In re R.R., 209 S.W.3d 112 (strong presumption that child’s best interest is to remain with natural parent)
- In re J.I.T.P., 99 S.W.3d 841 (parental mental-health noncompliance and violent conduct are relevant to endangerment/best interest)
- Liu v. Dep’t of Family & Protective Servs., 273 S.W.3d 785 (considering parent’s mental health, hospitalizations, violent history, and noncompliance in best-interest analysis)
- In re T.G.R.-M., 404 S.W.3d 7 (consideration of child’s bonding and placement stability in best-interest determination)
- In re H.R.M., 209 S.W.3d 105 (appellate deference to factfinder and factual-sufficiency review standards)