Summary
The Fourteenth Court of Appeals of Texas affirmed the termination of Beverly Powell’s parental rights to G.W.P. The court held that Powell failed to preserve her factual-sufficiency challenge because her statement of appellate points did not specifically challenge each independent termination ground or the child’s best-interest finding as required by Texas Family Code section 263.405(i).
Holdings
- A statement of appellate points does not preserve a factual-sufficiency challenge to a parental-rights termination order under Texas Family Code section 263.405(i) unless it specifically challenges each independently sufficient statutory predicate act found by the trial court or specifically challenges the finding that termination is in the child's best interest. Powell's general assertions of no evidence, legal insufficiency, and factual insufficiency, together with an unclear reference to her service plan, did not satisfy that requirement.
- Because Powell failed to preserve her sole appellate issue, the court overruled that issue and affirmed the trial court's judgment.
Questions Presented
- Whether Powell preserved her factual-sufficiency challenge to the termination order by specifically identifying the challenged statutory predicate findings and best-interest finding in her statement of appellate points under Texas Family Code section 263.405(i).
Disposition
affirmed
Cases Cited (4)
- In re J.L., 163 S.W.3d 79, 84 (Tex. 2005)(followed)
- Adams v. Tex. Dep't of Family & Protective Servs., 236 S.W.3d 271, 273, 276-78 (Tex. App.—Houston [1st Dist.] 2007, no pet.)(followed)
- In re S.T., 263 S.W.3d 394, 398-99 (Tex. App.—Waco 2008, pet. denied)(distinguished)
- In re J.W.H., 222 S.W.3d 661, 662 (Tex. App.—Waco 2007, no pet.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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