In the Interest of T.M., a Child v. the State of Texas

Summary

The Eleventh Court of Appeals considered the mother’s accelerated appeal from an order terminating her parental rights to T.M. The court held that legally sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(E), while addressing the mother’s challenges concerning endangerment, the child’s best interest, and the Department’s reasonable efforts; the opinion states that the judgment was affirmed in part and reversed and remanded in part.

Holdings

1. Legally sufficient evidence supported the finding that the mother engaged in conduct or knowingly placed T.M. with persons whose conduct endangered the child's physical or emotional well-being. The evidence showed that the mother allowed the father to contact T.M. despite knowing of his continued drug use and permitted unsupervised contact in violation of a safety plan.
2. The evidence was legally and factually insufficient to support the finding that termination of the mother's parental rights was in T.M.'s best interest. The record did not establish by clear and convincing evidence that the mother posed a present or future danger or that she would permit the father to have contact with T.M., while substantial evidence showed the mother's improved parenting, stable home, completion of services, consistent visitation, and strong bond with the child.
3. The evidence was insufficient to establish by clear and convincing evidence that a continuing danger remained in the mother's home preventing T.M.'s return. The Department's concerns about the father's possible contact, the mother's alleged continuing substance use, and the maternal grandmother were speculative or unsupported by current evidence.

Questions Presented

1. Whether legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(D) and (E).
2. Whether legally and factually sufficient evidence supported the finding that termination of the mother's parental rights was in T.M.'s best interest under section 161.001(b)(2).
3. Whether clear and convincing evidence supported the section 161.001(f) finding that the Department made reasonable efforts to return T.M. but a continuing danger remained in the mother's home preventing the child's return.

Disposition

reversed_and_remanded