Summary
The Texas Court of Appeals for the Seventh District affirmed a trial court judgment terminating Mother’s parental rights to J.E.H. Mother challenged the legal and factual sufficiency of the evidence supporting the finding that termination was in J.E.H.’s best interest. The court held the evidence was sufficient, including evidence concerning unsafe housing, inadequate care, Mother’s limited compliance with the service plan, and J.E.H.’s stability and well-being in foster care.
Topics
Practice areas
Questions Presented
- Whether legally and factually sufficient evidence supported the trial court's finding under Texas Family Code section 161.001(b)(2) that termination of Mother's parental rights was in J.E.H.'s best interest.
Holdings
- The evidence was legally sufficient to support a firm belief or conviction that termination of Mother's parental rights was in J.E.H.'s best interest.
- Because Mother did not challenge the predicate grounds for termination, those findings were binding on the appellate court, and the evidence supporting them could be considered in reviewing the best-interest finding.
Key quotations
“A parent’s right to the “companionship, care, custody, and management” of his or her child is a constitutional interest “far more precious than any property right.”” (3)
“Only one predicate finding under section 161.001[(b)](1) is necessary to support a judgment of termination when there is also a finding that termination is in the child’s best interest.” (4)
“Considering the applicable factors and the evidence before us, we find the evidence is legally and factually sufficient to establish a firm conviction in the mind of the trial court that termination of Mother’s parental rights is in J.E.H.’s best interest.” (9)
Factual background
The Texas Department of Family and Protective Services became involved after receiving information that fifteen-year-old J.E.H. might be homeless or living in unsafe and unstable conditions. Mother lived in a dirty and cluttered residence with broken or missing windows, trash outside, no serviceable kitchen, and inconsistent utilities; J.E.H. was reportedly couch surfing, sometimes walking the streets to find a place to stay, and lacked adequate medical, educational, and other care. After removal, J.E.H. did well in foster care, wanted to remain there, and received stable housing, schooling, medical care, and support. Mother completed a psychological evaluation but did not remedy her housing situation or complete required parenting classes and counseling, and provided little financial or other support.
Procedural history
The 46th District Court of Wilbarger County terminated Mother's parental rights to J.E.H. on statutory predicate grounds of endangering conditions, endangerment, and constructive abandonment, and found that termination was in the child's best interest. Mother appealed only the best-interest finding. The Seventh Court of Appeals overruled her sole issue and affirmed.