In Re DC

128 S.W.3d 707, 2004 WL 177463
CourtCourt of Appeals of Texas
DecidedJanuary 29, 2004
Docket2-03-085-CV
StatusPublished

This text of 128 S.W.3d 707 (In Re DC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DC, 128 S.W.3d 707, 2004 WL 177463 (Tex. Ct. App. 2004).

Opinion

128 S.W.3d 707 (2004)

In the Interest of D.C., A.C., and H.M.

No. 2-03-085-CV.

Court of Appeals of Texas, Fort Worth.

January 29, 2004.

*710 Michael Berger, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Michael R. Casillas, Melissa Paschall, Assistant Criminal District Attorneys, Fort Worth, for State.

Kerry L. Owens, for D.C., A.C., and H.M.

PANEL A: CAYCE, C.J.; LIVINGSTON and WALKER, JJ.

OPINION

TERRIE LIVINGSTON, Justice.

INTRODUCTION

In this termination of parental rights case, M.M., the mother of D.C., A.C., and H.M., appeals the trial court's judgment terminating her parental rights and the parental rights of Beau Unknown.[1] In three issues, appellant complains that the citation by publication as to Beau Unknown was defective due to an incorrect answer date in the citation, due diligence was not used to locate Beau Unknown, and the evidence was insufficient to support the trial court's decision to terminate appellant's parental rights. We affirm.

FACTS

Texas Department of Protective and Regulatory Services (TDPRS) investigated appellant in 1999 for allegations of physical abuse against A.C. and D.C. TDPRS first investigated appellant because D.C. was taken to the hospital with bruises and a genital rash. In response to a referral from D.C.'s hospital visit, TDPRS investigator Crystal Clay visited the children on June 2, 1999. They were dirty, but she did not observe any hazards in the home.

Two months later, TDPRS received another referral alleging physical neglect and neglectful supervision. In response, TDPRS investigated appellant again after the police found D.C., who was two at the time, wandering down the street alone at three a.m. The police returned the child to her home and became seriously concerned when they saw the condition of the trailer where appellant and the children lived.

Clay visited the trailer again and noted that it was very dirty and cluttered, with filthy, matted carpet and bits of food and trash lying around in reach of the children. Appellant promised Clay that she would put locks on the doors so that D.C. could not open them.

*711 When Clay returned four days later she found a padlock on the front door, which led her to believe appellant and her family had been evicted. Clay eventually found appellant and her children living at another trailer in the same trailer park. A.C., who was barefoot and clothed only in a dirty diaper, was outside by herself among a junkyard of broken toys, parts of a crib, a bike, and broken furniture. D.C. and A.C. were both covered in dirt and lice, both children had pus coming out of one of their ears, and their hair was matted.

Inside the trailer, Clay discovered conditions that were dangerous for the children, such as a stereo connected to a car battery in reach of the children. Additionally, appellant admitted to having illegal drugs in the home and Clay found the drugs stored in a place where D.C. had access to them. During the visit, appellant threw something at Clay, who called the police. The officers on the scene arrested appellant for disturbing the peace. TDPRS removed the children and placed them in foster care. Appellant's mother was named managing conservator of the children, but she allowed the children to live with appellant.

TDPRS received another referral on January 17, 2002, alleging that J.C. and appellant were using drugs and had an unstable home situation, and that the children were physically abused. TDPRS investigator Monica Dixon had difficulty locating them, but finally found appellant, J.C., D.C., and A.C. on January 30, 2002, living at an apartment in North Richland Hills.[2] The investigation that day revealed that both D.C. and A.C. were infested with lice, but otherwise appeared to be clean. Dixon talked to the children, and both told her that they had been punished by appellant and J.C., who spanked them with a spoon, a belt or a hand. A.C. had bruises on her body, but claimed that she got them from her sister when they were playing. Additionally, when Dixon asked the girls if they got enough to eat, D.C. told her that they did not eat at night. Dixon also spoke to appellant and J.C., who both admitted taking illegal drugs approximately two weeks before. Appellant told Dixon that J.C. had physically abused her in the past. D.C. told Dixon that she had seen her parents fighting.

While this investigation was still open, another referral came in on March 31, 2002 concerning appellant and her children. This time, TDPRS assigned the case to investigator Bron Gose. The referral alleged that appellant and J.C. physically abused D.C. and H.M. and that D.C. had large bruises on her bottom. The same night, the children were placed with J.M.'s mother pursuant to a voluntary TDPRS safety plan. The following day, Gose visited the children. He saw that D.C. had a six-inch bruise across her buttocks. Photographs of the bruises were admitted at trial.

When Gose interviewed the children, D.C. stated that J.C. gave her the bruise because he was frustrated when she could not find his "pot." A.C. corroborated the "pot" story, but the children were unable to elaborate further on their familiarity with "pot." Previously, appellant and J.C. both admitted to taking illegal drugs. Appellant also admitted to habitually using drugs since she was seventeen years old. Both D.C. and A.C. stated that they were afraid of J.C. and that he hit appellant in the mouth. A.C. told Gose that J.C. had also punched H.M. in the stomach; however, *712 there was no bruising or evidence of injury on H.M.

Based upon his visit with the children, Gose feared for the children's safety and determined that it was in their best interest to have them removed from appellant's and J.C.'s care. Additionally, Gose feared that if the children were given to appellant's mother she would just return them to appellant. On April 19, 2002, Gose attempted to meet with appellant and J.C. at their home, and they refused to let him in. Instead, they spoke outside in front of the residence.

It is clear from the record that J.C. had a propensity for violence. The record also reflects that appellant allowed her children to be repeatedly exposed to J.C., whom she knew possessed a violent nature. Appellant herself admitted that J.C. physically abused her. D.C. told TDPRS that she had seen her parents fighting. Both D.C. and A.C. stated that J.C. hit appellant in the mouth. At least twice, J.C. had physically abused appellant, and his actions resulted in criminal convictions. A.C. matter-of-factly described one incident where J.C. struck appellant in the face, split her lip, and caused her to bleed profusely.

On April 9, 2002, TDPRS filed a petition to terminate the parent-child relationship between three minor children, D.C., A.C., and H.M., and their mother, M.M., and fathers J.C. (father of D.C. and A.C.), and J.M. (alleged father of H.M.). During trial, DNA evidence showed that J.M., was not H.M.'s biological father and the court adjudicated him not to be the father of H.M.

After DNA testing revealed that J.M. was not the father of H.M., TDPRS amended its petition to reflect that in addition to the above, it also sought to terminate the parental rights of Beau Unknown, or Bo Unknown, who was found to be the alleged biological father of H.M. The full, accurate name and whereabouts of the actual father of H.M. were unknown.

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Bluebook (online)
128 S.W.3d 707, 2004 WL 177463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dc-texapp-2004.