in the Interest of N. L. T., a Child
420 S.W.3d 469
Tex. App.2014Background
- Mother had a 1987 default termination of rights to her first child; the Department later used that prior termination as the sole ground to terminate her rights to N.L.T. and M.T.
- The Department sought termination under Texas Family Code section 161.001(1)(M) based on prior conduct deemed in violation of subsection (D) or (E) elsewhere and the child's best interest.
- Evidence showed long-ago conduct and present instability; Mother had mental health diagnoses, cocaine use history, and past abuse by another caretaker involving the children’ safety.
- The trial court terminated, and on appeal Mother argued subsection (M) is unconstitutional as applied; she also claimed ineffective assistance of counsel for not raising the retroactivity issue.
- The court held subsection (M) unconstitutional as applied to Mother due to retroactivity; reversed and remanded for a new trial; found counsel deficient and prejudicial under Strickland.
- Judgments reversed; remand for new trial to commence within 180 days after mandate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is subsection (M) applied retroactively unconstitutional | Mother (via ineffectiveness) says retroactive | Department: public interest supports retroactive application | Unconstitutional as applied; retroactive |
| Was trial counsel ineffective for not raising the retroactivity issue | Mother argues counsel failed to raise issue | Department: preserved? argument contested | Yes; counsel deficient and prejudice shown; remand for new trial |
Key Cases Cited
- Robinson v. Crown Cork & Seal Co., 335 S.W.3d 126 (Tex. 2010) (two-factor retroactivity framework and impairment analysis)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (parental rights are fundamental; termination statutes require ground and best interest)
- In re M.S., 115 S.W.3d 534 (Tex. 2003) (Strickland standard adapted for termination cases; reasonableness of counsel)
- Landgraf v. USI Film Prods., 511 U.S. 244 (U.S. 1994) (two-pronged analysis of retroactivity and public interest)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parental rights termination involves fundamental liberty interest)