In the Interest of A.T.G., A.G.G., A.G.G. II, A.G.G., and A.G.G., Children v. the State of Texas

Summary

The Texas Court of Appeals for the Seventh District affirmed the termination of a father's parental rights to two children under Texas Family Code sections 161.001(b)(1)(D) and (E) and section 161.001(b)(2). The court held that the Indian Child Welfare Act did not apply, rejected the father's due process and continuance arguments, and concluded that the evidence was legally and factually sufficient to support endangerment and best-interest findings.

Holdings

1. The Indian Child Welfare Act did not apply because the record showed that Indian heritage had been denied or could not be tied to a federally recognized tribe; therefore, the Department had no duty to provide ICWA-related testimony.
2. Father did not preserve his due process challenge, and the trial court did not abuse its discretion in denying the continuance or in considering information from the children's interview.
3. Legally and factually sufficient evidence supported termination under section 161.001(b)(1)(D) and (E) and the finding that termination was in the children's best interests.

Questions Presented

1. Whether the trial court and Department failed to comply with the Indian Child Welfare Act after receiving information concerning the children's possible Indian heritage.
2. Whether the Department failed to satisfy 25 U.S.C. § 1912(f), including the requirement of proof beyond a reasonable doubt and qualified-expert testimony.
3. Whether the trial court violated Father's due process rights by conducting an in-camera interview of the children, relying on statements from that interview, and denying Father's motion for a continuance after providing the transcript shortly before trial.
4. Whether legally and factually sufficient evidence supported termination under Texas Family Code section 161.001(b)(1)(D) and (E) and the finding that termination was in the children's best interests.

Disposition

affirmed