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in the Interest of T.D. Minor Child
397 S.W.3d 835
Tex. App.
2013
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Background

  • T.A.D. was born in prison; mother was imprisoned for meth distribution and placed the child with Christ Haven for Children.
  • Foster care with Ronald and Johnnie Tripp lasted about 2.5 years; mother later regained custody with limited involvement under Brighter Tomorrows program.
  • Mother relapsed into alcohol abuse after custody transfer and moved in with Father, who had DUI history and later domestic violence issues.
  • TDFPS investigated neglectful supervision after a clinic visit for IV drug treatment; mother admitted heroin use and refused drug testing.
  • Mother’s heroin use and unstable living conditions continued; trial court found endangerment and placement with an endangering caregiver; Tripps sought adoption and provided stable home.
  • Trial court terminated parental rights; appellate court affirmed termination and best-interest finding, with Tripps as potential adoptive parents.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence supports termination under §161.001(1)(D) and (E). Mother argues no endangering conduct. TDFPS contends conduct/endangerment proven by drug use and instability. Evidence legally and factually sufficient for endangerment.
Whether termination is in T.A.D.’s best interest. Mother claims potential relationship with child could be preserved. Tripps provide stable home and desire to adopt; mother offers no viable plan. Termination in child’s best interest; Tripps likely adoptive home.

Key Cases Cited

  • In re S.N., 287 S.W.3d 183 (Tex. App.—Houston [14th Dist.] 2009) (clear and convincing standard applied to termination)
  • In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (sufficiency review for termination)
  • In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (factors for termination findings; factual sufficiency framework)
  • Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (Holley factors for best interests)
  • In re M.C., 917 S.W.2d 268 (Tex. 1996) (endangerment standard defined)
Read the full case

Case Details

Case Name: in the Interest of T.D. Minor Child
Court Name: Court of Appeals of Texas
Date Published: Mar 26, 2013
Citation: 397 S.W.3d 835
Docket Number: 05-12-00817-CV
Court Abbreviation: Tex. App.