In the Interest of E.M., a Child

Summary

The Texas Court of Appeals for the Second Appellate District considers Mother’s appeal from an order terminating her parental rights to E.M. and appointing the Department of Family and Protective Services as permanent managing conservator. Mother challenged the legal and factual sufficiency of the evidence supporting the constructive-abandonment, failure-to-comply-with-court-order, and best-interest findings. The court concluded that the evidence was sufficient to support at least one conduct finding and the best-interest finding and affirmed the trial court’s judgment.

Holdings

1. The evidence was legally and factually sufficient to establish the existence of a court order specifically setting out the actions necessary for Mother to obtain E.M.'s return and to support termination under section 161.001(b)(1)(O).
2. The evidence was legally and factually sufficient to support the finding that termination of Mother's parental rights was in E.M.'s best interest.
3. The court did not reach the challenge to the subsection (N) finding because the subsection (O) finding, together with the best-interest finding, independently supported termination.

Questions Presented

1. Whether legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(O) for failure to comply with a court order specifically establishing the actions necessary to obtain E.M.'s return.
2. Whether legally and factually sufficient evidence supported the finding that termination of Mother's parental rights was in E.M.'s best interest under Texas Family Code section 161.001(b)(2).
3. Whether legally and factually sufficient evidence supported the section 161.001(b)(1)(N) constructive-abandonment finding.

Disposition

affirmed