E. D. v. Texas Department of Family and Protective Services

Summary

The Texas Court of Appeals, Third District, affirmed an order terminating a father's parental rights to his two children. The court held that legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(E), based on the father's endangering course of conduct, including his criminal history, incarceration, and inability to provide a safe and stable home. Because one predicate ground was sufficient, the court did not review the constructive-abandonment finding under subsection (N).

Holdings

1. The evidence was legally and factually sufficient to support the finding that Father engaged in conduct endangering the children's physical or emotional well-being.
2. The court did not need to review the sufficiency of the evidence supporting constructive abandonment because one supported predicate ground is sufficient to sustain termination.

Questions Presented

1. Whether legally sufficient evidence supported termination of Father's parental rights under Texas Family Code section 161.001(b)(1)(E), based on endangerment by conduct.
2. Whether factually sufficient evidence supported termination under section 161.001(b)(1)(E).
3. Whether the court needed to review the sufficiency of the evidence supporting the constructive-abandonment finding under section 161.001(b)(1)(N) after affirming the endangerment finding.

Disposition

affirmed