In the Interest of P.P.M.I., a Child

Summary

The Texas Court of Appeals affirmed the termination of the mother’s parental rights after she failed to file the statement of appellate points required by Texas Family Code section 263.405(b)(2). The court held that, because she did not assert any of the issues recognized as exceptions in In re J.O.A., it could not consider her sufficiency challenges.

Holdings

1. Under Texas Family Code section 263.405(i), the appellate court may not consider issues that were not specifically presented in a timely filed statement of appellate points or in a statement combined with a motion for new trial, except for the issues recognized by In re J.O.A. Because Ibarra filed no statement of appellate points and invoked neither J.O.A. exception, the court could not review her sufficiency challenges and affirmed the termination judgment.

Questions Presented

1. Whether the court of appeals could consider the mother's sufficiency-of-the-evidence issues when she failed to file the statement of appellate points required by Texas Family Code section 263.405(b)(2).
2. Whether either exception recognized in In re J.O.A.—an ineffective-assistance claim or an as-applied constitutional challenge permitting sufficiency points—allowed review despite the absence of a statement of appellate points.

Disposition

affirmed