In the Interest of A. A. S. v. the State of Texas

Summary

The Texas Court of Appeals, Third District, reversed an order terminating a mother's parental rights and remanded for a new trial. The court held that the evidence was legally and factually insufficient to establish that the mother failed to support the child in accordance with her ability during the required twelve-month period under Texas Family Code section 161.001(b)(1)(F). The court also held that the written termination order controlled over inconsistent oral findings made at the hearing.

Holdings

1. Mother satisfied the first three elements of a restricted appeal, and the dispositive question was whether error appeared on the face of the record.
2. The evidence was legally and factually insufficient to establish that Mother failed to support the child in accordance with her ability during each month of the required consecutive twelve-month period.
3. The written termination order controlled over the trial court’s inconsistent oral findings; because the written order relied solely on subsection (F), Mother was not required to challenge the oral findings under subsections (C) and (E).

Questions Presented

1. Whether Mother demonstrated error apparent on the face of the record in her restricted appeal.
2. Whether legally and factually sufficient evidence supported termination of Mother’s parental rights under Texas Family Code section 161.001(b)(1)(F).
3. Whether the trial court’s oral findings under subsections (C) and (E) controlled over its written termination order, which relied solely on subsection (F).

Disposition

reversed_and_remanded