in the Interest of N.S., a Child
14-15-00601-CV
| Tex. App. | Dec 15, 2015Background
- Mother (J.S.S.) appealed termination of her parental rights to son N.S.; Department sought termination under Tex. Fam. Code § 161.001.
- Trial proceeded May 21, 2015; mother did not appear but was represented by counsel; mother conceded sufficiency for §161.001(1)(O) (failure to comply with court-ordered services).
- Reported long-term substance abuse (Xanax, methamphetamine, benzodiazepines, marijuana), living with men with drug convictions, home unsanitary and unsafe; positive drug test June 24, 2014.
- Mother missed visits and contact with child and agency for months; did not complete court-ordered family service plan and could not produce documentation of parenting classes.
- N.S. placed with older sister T.S. (relative); child and caseworker supported adoption by T.S.; child expressed desire for termination and adoption.
- Trial court terminated parental rights on multiple statutory grounds and found termination was in child’s best interest; Fourteenth Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of §161.001(1)(O) ground (failure to comply with court order) | Mother conceded evidence was legally and factually sufficient to support (O). | Department argued mother failed to comply with court-ordered services. | Held: Conceded and sufficient; judgment upheld on this ground. |
| Sufficiency of other statutory grounds (D, E, N) | Mother challenged findings under (D), (E), (N). | Department relied on evidence of parental substance abuse, dangerous living conditions, and constructive abandonment. | Held: Court did not need to address these because (O) supported judgment; those challenges were not addressed on appeal. |
| Whether termination was in child’s best interest under §161.001(2) | Mother argued evidence was legally and factually insufficient to show termination served N.S.’s best interest. | Department pointed to mother’s ongoing drug use, unstable housing/employment, failure to complete services, lack of contact, and child’s desire for adoption by relative. | Held: Evidence (Holley factors) was legally and factually sufficient to find termination in child’s best interest; affirmed. |
Key Cases Cited
- In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (clarifies burden and appellate standard for termination proceedings)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (defines "clear and convincing" and appellate review standard)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (standards for legal and factual sufficiency review in termination cases)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (factors for determining child’s best interest)
- In re E.C.R., 402 S.W.3d 239 (Tex. 2013) (parent’s failure to comply with service plan may inform best-interest finding)
- In re D.R.A., 374 S.W.3d 528 (Tex. App.—Houston [14th Dist.] 2012) (presumption in favor of keeping child with natural parent)
- In re K.C., 219 S.W.3d 924 (Tex. App.—Dallas 2007) (emphasis on child’s need for a stable, permanent home)