In the Interest of P.M.B., J.Q.B., M.B. aka Baby Girl B., K.L.B. aka K.L.B., Children v. Department of Family and Protective Services

Summary

The Texas Court of Appeals for the First District affirmed an order terminating the parental rights of the mother of K.L.B. The court held that legally and factually sufficient evidence supported termination under Texas Family Code sections 161.001(b)(1)(D) and (E), as well as the finding that termination was in the child’s best interest. The court also held that, following termination, the mother lacked standing to challenge the appointment of the Texas Department of Family and Protective Services as sole managing conservator.

Holdings

1. The evidence was legally and factually sufficient to support the finding that Mother knowingly placed or allowed Katie to remain in conditions or surroundings that endangered her physical or emotional well-being, including by continuing to live with a known abuser and failing to protect Katie and by neglecting Katie's serious medical and nutritional needs.
2. The evidence was legally and factually sufficient to support the finding that Mother engaged in a voluntary, deliberate, and conscious course of conduct that endangered Katie's physical and emotional well-being.
3. Legally and factually sufficient evidence supported the trial court's finding that termination of Mother's parental rights was in Katie's best interest.
4. Mother lacked standing to challenge the appointment of the Department as Katie's sole managing conservator because the affirmed termination order divested her of legal rights and duties concerning Katie, making the conservatorship appointment a consequence of termination.

Questions Presented

1. Whether legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(D).
2. Whether legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(E).
3. Whether legally and factually sufficient evidence supported the finding that termination of Mother's parental rights was in Katie's best interest.
4. Whether Mother had standing to challenge the appointment of the Department as Katie's sole managing conservator after her parental rights were terminated.

Disposition

affirmed