In the Interest of A.D. A/K/A A.V. A/K/A A.M.V., a Child v. Department of Family and Protective Services

Summary

The Texas Court of Appeals for the First District reviews an accelerated appeal from an order terminating a mother's parental rights to A.D. and awarding the Department of Family and Protective Services sole managing conservatorship. The mother challenged the denial of possessory conservatorship and supervised visitation and argued that the evidence was legally and factually insufficient to support several statutory termination grounds and the child's best interest. The court affirmed the trial court's order.

Holdings

1. The evidence was legally and factually sufficient to support the finding that mother engaged in, or knowingly placed A.D. with persons who engaged in, conduct that endangered A.D.'s physical or emotional well-being.
2. The evidence was legally and factually sufficient to support the finding that termination of mother's parental rights was in A.D.'s best interest.
3. Mother lacked standing to challenge the trial court's failure to appoint her as a possessory conservator because affirmance of the termination order divested her of all legal rights and duties regarding A.D.

Questions Presented

1. Whether legally and factually sufficient evidence supported the finding that mother engaged in, or knowingly placed A.D. with persons who engaged in, conduct endangering A.D.'s physical or emotional well-being under Texas Family Code section 161.001(b)(1)(E).
2. Whether legally and factually sufficient evidence supported the finding that termination of mother's parental rights was in A.D.'s best interest under Texas Family Code section 161.001(b)(2).
3. Whether the evidence was legally and factually sufficient to support the additional predicate findings under Texas Family Code section 161.001(b)(1)(D), (N), and (O).
4. Whether the trial court erred by failing to appoint mother as A.D.'s possessory conservator with supervised visitation.

Disposition

affirmed