In Re JITP

99 S.W.3d 841, 2003 Tex. App. LEXIS 1698, 2003 WL 548606
CourtCourt of Appeals of Texas
DecidedFebruary 27, 2003
Docket14-02-00389-CV
StatusPublished

This text of 99 S.W.3d 841 (In Re JITP) 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 JITP, 99 S.W.3d 841, 2003 Tex. App. LEXIS 1698, 2003 WL 548606 (Tex. Ct. App. 2003).

Opinion

99 S.W.3d 841 (2003)

In the Interest of J.I.T.P.

No. 14-02-00389-CV.

Court of Appeals of Texas, Houston (14th Dist.).

February 27, 2003.

*843 Brian J. Fischer, William B. Connolly, Houston, for appellant.

Sandra D. Hachem, Houston, for appellee.

Panel consists of Justices ANDERSON, SEYMORE and GUZMAN.

OPINION

CHARLES W. SEYMORE, Justice.

Heather T. and Tim P., the parents of J.I.T.P., appeal the termination of their parental rights in four issues, contending the evidence was legally and factually insufficient to terminate their parental rights; the evidence was legally and factually insufficient to prove such termination was in J.I.T.P.'s best interest; and the trial court's failure to file findings of fact and conclusions of law requires reversal. We affirm.

Background

Heather gave birth to J.I.T.P., a boy, on November 23, 2000. On January 26, 2001, the Texas Department of Protective and Regulatory Services (the Department) removed J.I.T.P. from his parents' custody and placed him in foster care. Initially, the Department established a service plan to reunify the family. However, when Heather and Tim failed to complete the services and maintain a stable home and employment, the Department sought to terminate their parental rights. Trial was held in March 2002, when J.I.T.P. was sixteen months old. In its judgment, the trial court found that the parents had engaged in conduct or knowingly placed J.I.T.P. with persons who engaged in conduct which endangered him. Further, the trial court found that termination of parental rights was in the J.I.T.P.'s best interest.

Standard of Review

A parent's parental rights can be involuntarily terminated only by a showing of clear and convincing evidence, not just a preponderance of the evidence. In re G.M., 596 S.W.2d 846, 847 (Tex.1980); Robinson v. Dep't of Protective & Regulatory Servs., 89 S.W.3d 679, 685 (Tex.App.-Houston [1st Dist.] 2002, no pet.). Clear and convincing evidence is the degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be proved. TEX. FAM.CODE ANN. § 101.007 (Vernon 2002); In re C.H., 89 S.W.3d 17, 25-26 (Tex.2002).

When reviewing legal sufficiency of the evidence, we look at all the evidence in the light most favorable to the finding to determine whether the fact finder could have formed a firm belief or conviction that its finding was true. In re J.F.C., 96 S.W.3d 256, 265 (Tex.2002). To appropriately *844 defer to the fact finder's conclusions, we must assume that the fact finder resolved disputed facts in favor of its finding, if a reasonable fact finder could do so. Id. We disregard all evidence that a reasonable fact finder could have disbelieved or found to have been incredible. Id.

When reviewing factual sufficiency of the evidence, we determine whether the fact finder could reasonably form a firm belief or conviction based on the evidence about the truth of the State's allegations. Id. "We consider whether disputed evidence is such that a reasonable fact finder could not have resolved that disputed evidence in favor of its finding." In re U.P., No. 14-02-00126-CV, slip op. at 8, 2003 WL 152346, at * 5 (Tex.App.-Houston [14th Dist.] Jan. 23, 2003, no pet. h.). "If, in light of the entire record, the disputed evidence that a reasonable factfinder could not have credited in favor of the finding is so significant that a factfinder could not reasonably have formed a firm belief or conviction, then the evidence is factually insufficient." In re J.F.C., 96 S.W.3d, at 266.

Discussion

To terminate parental rights, a trial court must find by clear and convincing evidence that (1) termination is in the child's best interest and (2) the parent committed one or more of the acts specifically named in the Family Code as grounds for termination. Tex. Fam.Code Ann. § 161.001 (Vernon 2002). In this case, the trial court found that termination was in J.I.T.P.'s best interest and that the parents "engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child." Tex. Fam.Code Ann. § 161.001(1)(E).

A. Termination of Parental Rights under Section 161.001(1)(E)

In their first and second issues, Heather and Tim contend there is legally and factually insufficient evidence that they endangered J.I.T.P. and failed to comply with court-ordered service plans for J.I.T.P.'s reunification with them.

"Endanger," under section 161.001(1)(E), means to jeopardize or expose the child to loss or injury. Tex. Dep't of Human Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex.1987). Endangerment can be exhibited through actions and omissions. See Lewelling v. Lewelling, 796 S.W.2d 164, 167 (Tex.1990); In re D.T., 34 S.W.3d 625, 634 (Tex.App.-Fort Worth 2000, pet. denied). Further, the endangering acts need not be directed at or cause actual injury to the child. In re W.A.B., 979 S.W.2d 804, 807 (Tex.App.-Houston [14th Dist.] 1998, pet. denied). Acts of endangerment may precede the child's birth. See In re M.D.S., 1 S.W.3d 190, 198-99 (Tex.App.-Amarillo 1999, no pet.).

The Department argues that the trial court's endangerment finding is primarily supported by evidence of family violence. The testimony at trial revealed that J.I.T.P.'s parents had a history of violence in their three-year relationship. When J.I.T.P. was a newborn, Tim accidentally hit him during a fight with Heather. At trial, Heather agreed that such behavior endangers a child. Additionally, although both parents testified that the fighting between them had lessened or abated since the Department removed J.I.T.P. from their care, their last physical altercation took place just a few weeks before trial. Tim "backhanded" Heather in the face, and she retaliated by scratching him across his face. Because her mouth was "busted" and she was four months pregnant, Heather went to the emergency room by ambulance. Later in her testimony, *845 Heather admitted that she and Tim were still fighting, but the domestic violence was no longer as bad as it had been in the past. Both parents stated they were working on resolving disagreements without violence. Tim testified that he and Heather fought eight or nine times in the last year. He admitted in his testimony that it is not in a child's best interest to live with caregivers who hurt each other, unless the caregivers can "get it worked out." Further, both parents were asked to attend anger management classes, but neither complied.

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Bluebook (online)
99 S.W.3d 841, 2003 Tex. App. LEXIS 1698, 2003 WL 548606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jitp-texapp-2003.