In the Interest of G.M.D. & V.D., Children; In the Interest of Z.J.M., a Child v. Department of Family and Protective Services

Summary

The Texas Court of Appeals for the First District affirmed final decrees terminating the parental rights of T.R.M. to three children. The court addressed challenges to the sufficiency of the evidence supporting a predicate termination ground and the children's best interests, as well as the appointment of the Texas Department of Family and Protective Services as sole managing conservator. The opinion is a memorandum opinion issued per curiam.

Holdings

1. Because Mother did not challenge the findings under subsections (D), (E), (O), and (P), those findings were waived and the court did not need to review the sufficiency of the subsection (N) finding. One unchallenged predicate ground, together with a supported best-interest finding, was sufficient to affirm termination.
2. The evidence was legally and factually sufficient to support the finding that termination of Mother's parental rights was in the best interest of Zane, Gabriel, and Violet.
3. Mother lacked standing to challenge the conservatorship provisions because affirmance of the termination decrees divested her of her legal rights and duties concerning the children, and the conservatorship appointment was a consequence of termination.

Questions Presented

1. Whether the evidence was legally and factually sufficient to support termination under Texas Family Code section 161.001(b)(1)(N), constructive abandonment.
2. Whether the evidence was legally and factually sufficient to support the finding that termination of Mother's parental rights was in the children's best interest.
3. Whether the trial court abused its discretion by appointing the Department as the children's sole managing conservator.

Disposition

affirmed