In the Interest of D. G. and A. G., Children v. the State of Texas

Summary

The Eighth District Court of Appeals of Texas reviewed an order terminating a mother's parental rights to two children. The court held that the evidence was legally insufficient to support termination under constructive abandonment and former Texas Family Code subsection 161.001(b)(1)(O), because the Department's counsel did not present admissible testimonial evidence and the admitted exhibits did not establish the required elements. The court reversed and rendered judgment denying termination of the mother's parental rights, while affirming the order in all other respects.

Holdings

1. The evidence was legally insufficient to support termination under subsection (N) because no reasonable factfinder could have found, on the record presented, that Mother failed to regularly visit or maintain significant contact with the children or that she had demonstrated an inability to provide them with a safe environment.
2. The evidence was legally insufficient to support termination under former subsection (O) because the record did not establish that the children were removed from Mother for abuse or neglect or that Mother failed to complete the actions required by the court-ordered service plan.
3. Reversal of the termination order did not require reversal of the Department's appointment as permanent managing conservator because Mother did not separately challenge that portion of the trial court's order and the order contained findings independently supporting the appointment.

Questions Presented

1. Whether legally sufficient evidence supported termination of Mother's parental rights for constructive abandonment under Texas Family Code section 161.001(b)(1)(N).
2. Whether legally sufficient evidence supported termination under former Texas Family Code section 161.001(b)(1)(O) for failure to comply with a court order establishing the actions necessary to obtain the children's return.
3. Whether the trial court's appointment of the Department as permanent managing conservator was independently challenged or should be reversed.
4. Whether the court should reach Mother's ineffective-assistance and videoconference-hearing issues after determining that the evidence was legally insufficient to support termination.

Disposition

reversed