in the Interest of S.R., S.R. and B.R.S., Children
2014 Tex. App. LEXIS 12308
| Tex. App. | 2014Background
- Parents separated in Jan 2012; three children born 2010, 2011, 2012.
- Department involved in 2011–2012 over alleged drug use, unsafe living conditions, and domestic violence; safety plans implemented.
- Children placed with Mother after Father’s 2012 arrest; temporary managing conservatorship granted to the Department in Dec 2012.
- CA SA appointed as guardian ad litem in Jan 2013; several permanency hearings occurred from 2013–2014.
- Trial in May 2014 resulted in termination of parental rights and appointment of the Department as managing conservator.
- Mother did not attend trial; both parents appealed; appellate court affirmed termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel for indigent parent appointed before adversary hearing | Father sought appointment; indigence documented | Father contends appointment should have occurred earlier | Appointing counsel after adversary hearing was not reversible error |
| Sufficiency of evidence for predicate grounds D and E | Evidence showed endangerment and course of conduct | Arguments of insufficiency in endangerment findings | Evidence legally and factually sufficient for D and E |
| Best-interest determination sufficiency | Evidence shows lack of stability, danger, and parental noncompliance | Parents contested best interest | Best interest findings supported; termination upheld |
| Evidence regarding subsection O (court-order compliance) | Predicate grounds established; O not necessary to reach judgment | O challenges credibility of evidence | Court upheld termination on D and E; no need to consider O |
Key Cases Cited
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing standard for termination)
- In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (review standards for termination findings)
- In re A.V., 113 S.W.3d 355 (Tex. 2003) (one predicate sufficient where best interest is found)
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (constitutional underpinnings of parent-child relationship)
- In re C.M.C., 273 S.W.3d 862 (Tex. App.—Houston [14th Dist.] 2008) (principles for reviewing sufficiency in termination)
- In re H.R.M., 209 S.W.3d 105 (Tex. 2006) (deference to factfinder; no reweighing credibility)