343 S.W.3d 543
Tex. App.2011Background
- Mother and Father, Indian nationals, married in 2007 and moved to the U.S.; M.V. born May 12, 2008.
- Father physically and verbally abused Mother during pregnancy and after; CPS provided services and shelter in 2008.
- In December 2008 Mother signed an irrevocable affidavit of relinquishment and left M.V. with CPS; she later returned to the U.S. and rekindled with Father.
- CPS filed a SAPCR on October 23, 2009 seeking termination; M.V. placed in foster care; Mother relocated to a shelter and began parenting counseling late 2009.
- Jury found Mother violated sections 161.001(1)(D),(E),(K),(O) and that termination was in M.V.’s best interest; trial court appointed DFPS as permanent managing conservator.
- Mother appeals challenging sufficiency, venue, timeliness of points, and due-process counsel rights; issues resolved with termination affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to terminate | Mother contends evidence is legally and factually insufficient. | State contends evidence supports endangerment, relinquishment, and noncompliance. | Evidence sufficient; grounds found under D, K, O; best interest supported. |
| Timeliness of appeal and points | Mother argues timely filing of appeal and points. | State agrees; issue moot. | moot; no review required. |
| Venue improper in Collin County | Venue should be reconsidered; improper venue. | No preserved objection to venue. | Waived; not addressed on merits. |
| Due process right to counsel for relinquishment | No counsel before signing affidavit; potential due-process violation. | No preservation; proceedings not pending for appointment of counsel. | Not preserved; merits not addressed. |
Key Cases Cited
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (defines clear and convincing standard and appellate review framework)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (nonexclusive factors for best interest of child)
- In re R.R., 209 S.W.3d 112 (Tex. 2006) (best interest factors and preservation of parental rights)
- In re D.M., 58 S.W.3d 801 (Tex.App.-Fort Worth 2001) (parental rights termination standards and safeguards)
- Boyd v. Dept. of Human Servs., 727 S.W.2d 531 (Tex. 1987) (definition of endangering conduct in termination cases)
- In re M.N., 262 S.W.3d 799 (Tex. 2008) (good cause for extending time to file statements of points)