In Re L.C.A.S., C.L.S., K.C.C., Children v. the State of Texas

CourtCourt of Appeals of Texas
DecidedAugust 20, 2025
Docket04-25-00133-CV
StatusPublished

This text of In Re L.C.A.S., C.L.S., K.C.C., Children v. the State of Texas (In Re L.C.A.S., C.L.S., K.C.C., Children v. the State of Texas) 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 L.C.A.S., C.L.S., K.C.C., Children v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-25-00133-CV

IN RE L.C.A.S., C.L.S., and K.C.C., Children

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2023PA01844 Honorable Charles E. Montemayor, Judge Presiding

Opinion by: Irene Rios, Justice

Sitting: Irene Rios, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: August 20, 2025

AFFIRMED

Appellant Mother appeals the trial court’s order terminating her parental rights to her

children, L.C.A.S., C.L.S., and K.C.C. 1 In her sole issue, Mother challenges the sufficiency of the

evidence supporting the trial court’s finding that termination was in the children’s best interests.

We affirm.

1 To protect the identity of minor children in an appeal from an order terminating parental rights, we refer to the mother as “Mother” and we refer to the children using their initials or collectively as “the children.” See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2). The trial court did not terminate Mother’s parental rights to her oldest child, S.B.C. Instead, the trial court granted Mother possessory conservatorship of S.B.C. Mother does not challenge the trial court’s conservatorship ruling regarding S.B.C., and S.B.C. is not the subject of this appeal. 04-25-00133-CV

BACKGROUND

The Department became involved in the underlying case when someone called the police

to report L.C.A.S., a four-year-old child, was in the parking lot of Mother’s apartment complex

without supervision. When the responding officer arrived, he observed the door to Mother’s

apartment was open and the children were home alone. The officer arrived at the home at 11:00

AM and the oldest child told the responding officer that Mother had been gone since 10:00 PM

the night before. The apartment was in an unsanitary condition and the two youngest children

were naked with dirt and food stuck on their bodies.

On December 21, 2023, the Department filed a petition seeking termination of Mother’s

parental rights. The trial court held a two-day bench trial on December 19, 2024 and January 8,

2025. The trial court heard testimony from Matthew Liska, Christopher Martinez, and Benito

Rodriguez, who are all officers with the San Antonio Police Department (“SAPD”); Jennifer

Henry, the Department’s caseworker; Dolores Mower, Mother’s counselor; L.C.A.S.’s father; and

Mother.

On February 20, 2025, the trial court signed an order terminating Mother’s parental rights

to the children. The trial court terminated Mother’s parental rights based on statutory grounds (D),

(O), and (P) in subsection 161.001(b)(1) of the Texas Family Code. See TEX. FAM. CODE ANN.

§§ 161.001(b)(1)(D), (O), (P). The trial court also found it was in the children’s best interests to

terminate Mother’s parental rights. See id. § 161.001(b)(2). Mother appeals.

STATUTORY REQUIREMENTS AND STANDARD OF REVIEW

To terminate parental rights pursuant to section 161.001 of the Texas Family Code, the

Department has the burden to prove by clear and convincing evidence: (1) one of the predicate

grounds in subsection 161.001(b)(1); and (2) that termination is in the best interest of the child.

-2- 04-25-00133-CV

TEX. FAM. CODE ANN. § 161.001(b). Clear and convincing evidence requires “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 established.” Id. § 101.007.

When reviewing the sufficiency of the evidence, we apply well-established standards of

review. See id. §§ 101.007, 161.206(a); In re H.R.M., 209 S.W.3d 105, 108 (Tex. 2006)

(conducting a factual sufficiency review); In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005)

(conducting a legal sufficiency review).

“In reviewing the legal sufficiency of the evidence to support the termination of parental

rights, we must ‘look at all the evidence in the light most favorable to the finding to determine

whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was

true.’” In re J.L.B., No. 04-17-00364-CV, 2017 WL 4942855, at *2 (Tex. App.—San Antonio

Nov. 1, 2017, pet. denied) (mem. op.) (quoting In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002)).

“[A] reviewing court must assume that the factfinder resolved disputed facts in favor of its finding

if a reasonable factfinder could do so.” J.F.C., 96 S.W.3d at 266. “A corollary to this requirement

is that a [reviewing] court should disregard all evidence that a reasonable factfinder could have

disbelieved or found to have been incredible.” Id.

“In reviewing the factual sufficiency of the evidence to support the termination of parental

rights, we ‘must give due consideration to evidence that the factfinder could reasonably have found

to be clear and convincing.’” J.L.B., 2017 WL 4942855, at *2 (quoting J.F.C., 96 S.W.3d at 266).

“A [reviewing court] should consider whether disputed evidence is such that a reasonable

factfinder could not have resolved that disputed evidence in favor of its finding.” J.F.C.,

96 S.W.3d at 266. “The [reviewing] court must hold the evidence to be factually insufficient if, in

light of the entire record, the disputed evidence contrary to the judgment is so significant that a

-3- 04-25-00133-CV

reasonable factfinder could not have resolved that disputed evidence in favor of the ultimate

finding.” In re M.T.C., No. 04-16-00548-CV, 2017 WL 603634, at *2 (Tex. App.—San Antonio

Feb. 15, 2017, no pet.) (mem. op.).

Further, in a bench trial, the trial court is the sole judge of the credibility of witnesses and

the weight to be given their testimony. In re J.F.-G., 627 S.W.3d 304, 312, 317 (Tex. 2021). This

is because “the trial judge is best able to observe and assess the witnesses’ demeanor and

credibility, and to sense the ‘forces, powers, and influences’ that may not be apparent from merely

reading the record on appeal.” Coburn v. Moreland, 433 S.W.3d 809, 823 (Tex. App.—

Austin 2014, no pet.) (quoting In re A.L.E., 279 S.W.3d 424, 427 (Tex. App.—Houston [14th

Dist.] 2009, no pet.)). We, therefore, defer to the trial court’s factual determinations and judgment

regarding credibility. J.F.-G., 627 S.W.3d at 312; see also In re R.R.A., 687 S.W.3d 269, 279 n.50

(Tex. 2024) (“Reviewing courts, however, must defer to the factfinder’s judgment as to the

credibility of the witnesses and the weight to give their testimony, including reasonable and logical

inferences from the evidence.”).

BEST INTEREST

In her sole issue, Mother argues the evidence is legally and factually insufficient to support

a finding that termination of her parental rights is in the children’s best interests.

When considering the best interest of a child, we recognize the existence of a strong

presumption that the child’s best interest is served by preserving the parent-child relationship. In

re R.R., 209 S.W.3d 112, 116 (Tex. 2006). However, we also presume that prompt and permanent

placement of the child in a safe environment is in the child’s best interest. TEX.

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In Re L.C.A.S., C.L.S., K.C.C., Children v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lcas-cls-kcc-children-v-the-state-of-texas-texapp-2025.