In Re JC

151 S.W.3d 284, 2004 WL 2791786
CourtCourt of Appeals of Texas
DecidedDecember 7, 2004
Docket06-04-00060-CV
StatusPublished

This text of 151 S.W.3d 284 (In Re JC) 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 JC, 151 S.W.3d 284, 2004 WL 2791786 (Tex. Ct. App. 2004).

Opinion

151 S.W.3d 284 (2004)

In the Interest of J.C., G.C., I.C., and T.C., Children.

No. 06-04-00060-CV.

Court of Appeals of Texas, Texarkana.

Submitted September 30, 2004.
Decided December 7, 2004.

*286 Kathryn B. Moon, Bennett Law Office, Longview, for appellant.

Joe Shumate, Law Office of Joe Shumate, Henderson, for appellee.

Carl H. Barber, Law Office of Carl H. Barber, Henderson, for the children.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

"Criminally abusive behavior" describes, but mostly sanitizes, actions taken by Stephen Paul Clark against his wife, Kimberly Clark, as graphically detailed in the evidence at the heart of this case. Stephen's parental rights to his four children, J.C., *287 G.C., I.C., and T.C., were terminated by the trial court on Kimberly's petition, and Stephen, on appeal, challenges the factual sufficiency of the evidence to support the jury's findings. We affirm the termination of Stephen's parental rights because we find the evidence factually sufficient to support the findings (1) that at least one — in fact, both — of the grounds alleged for termination existed, including (a) Stephen's endangering conduct under Texas Family Code Section 161.001(1)(E) and (b) Stephen's knowing criminal conduct resulting in his conviction and confinement and resulting inability to care for the children for at least two years under Section 161.001(1)(Q); and (2) that termination of Stephen's parental rights was in the children's best interests.

Some factual background assists in understanding this matter. Stephen and Kimberly were married on or about August 11, 1996, and ceased to live together as husband and wife on or about March 28, 2001. Kimberly and Stephen had four children together: J.C., G.C., I.C., and T.C. At the time of the jury trial on the petition for involuntary termination, the children whose interests were at stake were as follows: son, J.C., age 9; son, G.C., age 7; son, I.C., age 6; and daughter, T.C., age 4.[1]

On March 27, 2002, Kimberly filed an original petition for divorce, termination of parental rights, request for permanent injunction, renewal of protective order, and request to consolidate cases. On August 21, 2002, after a bench trial, the trial court granted the divorce, terminated Stephen's parental rights as to J.C., G.C., I.C., and T.C., and granted a permanent injunction. That result was reversed by this Court because Stephen had been denied a jury trial. See In re J.C., 108 S.W.3d 914 (Tex.App.-Texarkana 2003, pet. ref'd). On remand, a jury trial was held beginning February 9, 2004, and as a result Stephen's parental rights to the four children were terminated by order signed March 11, 2004. In its order, the trial court found, based on the jury findings, that, by clear and convincing evidence, Stephen had (1) "engaged in conduct ... that endangers the physical or emotional well-being of the children"; and (2) "knowingly engaged in criminal conduct that has resulted in his conviction of an offense and confinement or imprisonment and inability to care for the children for not less than two years from the date the petition was filed." In addition, the trial court found that, by clear and convincing evidence, "termination of the parent-child relationship between STEPHEN CLARK and the children the subject of this suit is in the best interest of the children."

1. The Evidence Is Factually Sufficient To Support the Findings That at Least One of the Grounds Alleged for Termination Existed

Stephen challenges the factual sufficiency of the evidence to support the termination of his parental rights to the four children at issue. The trial court's termination of Stephen's parental rights set out its findings, based on the jury verdict, supporting two statutory grounds for termination, (a) his conduct endangering the children and (b) his criminal confinement causing his inability to care for the children for at least two years.

Any complaint that the evidence is legally or factually insufficient to support the findings necessary for termination is analyzed by a heightened standard of appellate review. See In re C.H., 89 S.W.3d 17, 25 (Tex.2002). The Texas Supreme Court has now held that the appellate *288 standard for reviewing the factual findings made to support termination proceedings is whether the evidence is such that a fact-finder could reasonably form a firm belief or conviction about the truth of the allegations made in support of the claimed termination. This is the language used by the court to explain the working of the "clear-and-convincing evidence" standard of review. The court also disapproved of cases holding that termination findings should be upheld if they are not against the great weight and preponderance of the evidence. Id. at 23.

If, in light of the entire record, the disputed evidence that a reasonable trier of fact could not have credited in favor of the finding is so significant that a trier of fact could not reasonably have formed a firm belief or conviction to support termination, then the evidence is factually insufficient. Id. at 25. Accordingly, Stephen must show that the evidence is so weak, or that the evidence to the contrary is so overwhelming, that the trier of fact could not have reasonably found it sufficient to support the termination. In re B.S.W., 87 S.W.3d 766, 772 (Tex.App.-Texarkana 2002, pet. denied). This he has failed to do.

a. The Evidence Is Factually Sufficient To Support the Finding That Stephen Engaged in Endangering Conduct Under Section 161.001(1)(E)

Section 161.001(1)(E) of the Texas Family Code focuses exclusively on the parent's conduct. Under this section, proof that the parent's course of conduct endangered the child's physical or emotional well-being is sufficient. Tex. Dep't of Human Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex.1987); In re S.F., 141 S.W.3d 774, 776 (Tex.App.-Texarkana 2004, no pet.); see Tex. Fam.Code Ann. § 161.001(1)(E) (Vernon 2002). "Endanger" means to expose to loss or injury; to jeopardize. See Boyd, 727 S.W.2d at 533.

Here, there was evidence of direct physical abuse of at least one of the children by Stephen. In August 2001, Stephen pled guilty to injury to a child, for an offense committed March 4, 2000, when, according to Kimberly, he punched J.C. in the midsection while at a drive-in restaurant in Henderson and, in the process, broke J.C.'s hand. Kimberly also testified that, on or about November 27, 1998, Stephen beat the then three-year-old J.C. with a belt. That beating left bruises on J.C. from his head to his toes, including his buttocks. Child Protective Services investigated that incident and concluded J.C. had been abused by Stephen. Hence, in January 1999, Stephen was indicted for an injury to a child, but Kimberly filed an affidavit of nonprosecution on that charge.

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Bluebook (online)
151 S.W.3d 284, 2004 WL 2791786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jc-texapp-2004.