In re N.G.

575 S.W.3d 370
CourtCourt of Appeals of Texas
DecidedApril 18, 2018
DocketNo. 05–17–01255–CV
StatusPublished
Cited by3 cases

This text of 575 S.W.3d 370 (In re N.G.) 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 N.G., 575 S.W.3d 370 (Tex. Ct. App. 2018).

Opinion

MEMORANDUM OPINION

Opinion by Justice Schenck *373Both Mother and Father separately appeal the termination of their parental rights to N.G. Mother challenges the sufficiency of the evidence to support the findings to support the termination of her rights to N.G. and the trial court's decision to grant the motion to quash the subpoena of N.G. Father challenges the sufficiency of the evidence to support the findings to support the termination of his rights to N.G. We affirm the trial court's judgment.

BACKGROUND

Mother and Father met in 2008 and married before N.G. was born in 2011. Five months after N.G. was born, Father went to prison for two years for a drug offense until his release in April 2014. Mother then went to jail from January to June of 2015. In September 2015, Father was arrested for a probation violation on an underlying robbery charge, and he was not released until December 13, 2015.

On October 25, 2015, a referral was made to the Department of Family and Protective Services ("CPS") as to Mother and N.G., who was approximately four years old at that time. The report stated there were allegations that Mother and others living in the home were using drugs in front of or around the child and that there was hoarding in the home. A Department investigator visited the home and, although there was some clutter and mess, she saw nothing dangerous. Mother told the Department investigator that she was employed; that she and N.G. lived with a woman who owned the home and with Mother's adult son S.C.; and that she was not presently using drugs though she had used methamphetamine and cocaine in the past. At that time, Mother refused to provide an oral swab for a drug test. The CPS investigator saw N.G. was sleeping and appeared to be unharmed. After the visit, the CPS investigator made several unsuccessful attempts to get Mother to take a drug test.

In November 2015, the CPS investigator learned from Mother's probation officer that Mother had tested positive for drug use. Mother admitted to using methamphetamine once in October 2015, but stated N.G. was not around at that time. On November 10, CPS, Mother, and Mother's adult daughter ("Sister") met to determine where N.G. would be placed while Mother was in jail for failing her drug test. At that meeting, Mother agreed to a drug test, and it was determined that N.G. would stay with his maternal grandmother ("Grandmother") who would supervise any visits with Mother. Mother also agreed that N.G. would be tested for drugs. Despite her agreement to be tested for drugs, Mother did not ever take a drug test for CPS.

On November 17, 2015, CPS filed its original petition for protection of the child and for temporary managing conservatorship. CPS's grounds for seeking removal of N.G. were because Mother had tested positive for methamphetamines, Father was currently incarcerated, Mother failed to take a drug test after numerous requests from CPS, and "there was a long history of CPS allegations." N.G. was ultimately removed from Grandmother's home in February 2016. On May 12, 2016, CPS amended its petition to request the termination of Mother's and Father's parental rights to N.G. Although Mother and Father were married at the time CPS filed its original petition, the two divorced, and Father remarried before the case proceeded to trial. During the course of litigation, the trial *374court ordered both Mother and Father to participate in several education, drug and alcohol treatment, and counseling services.1

The case proceeded to trial, which took place over several days throughout the summer of 2017.2 At the close of CPS's case, Mother requested and was granted directed verdicts on six of the grounds in the first amended petition. Father also requested and was granted directed verdicts on nine of the grounds in the first amended petition, and was denied directed verdict as to one additional ground. At the end of trial, the trial court terminated Mother's and Father's parental rights and later signed an order terminating the parental rights of both based on findings under section 161.001(b)(1)(D), (E), and (O) of the family code. See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E), and (O). The order also appointed CPS as permanent managing conservator of N.G.

DISCUSSION

I. Termination of the Parent-Child Relationship

A court may terminate a parental relationship if it finds by clear and convincing evidence (1) one or more statutory grounds for termination and (2) that termination is in the child's best interest. TEX. FAM. CODE ANN. § 161.001(b)(1)-(2). Clear and convincing evidence is 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. Here, the trial court found CPS had proven by clear and convincing evidence that both Mother and Father had:

knowingly placed or knowingly allowed the child [N.G.] to remain in conditions or surroundings that endanger the physical or emotional wellbeing of the child; [ TEX. FAM. CODE § 161.001(b)(1)(D) ]
engaged in conduct or knowingly placed the child [N.G.] with persons who engaged in conduct that endangers the physical or emotional well-being of the child; [ TEX. FAM. CODE § 161.001(b)(1)(E) ]
failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child [N.G.] who *375has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child's removal from the parent under Chapter 262 for the abuse or neglect of the child; [ TEX. FAM. CODE § 161.001(b)(1)(O) ]

The trial court also found that the termination of Mother's and Father's parental rights was in the best interest of N.G. Id. § 161.001(b)(2).

Both Mother and Father raise legal and factual sufficiency issues. In reviewing the legal sufficiency of the evidence supporting an order terminating parental rights, we 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.F.C. , 96 S.W.3d 256, 266 (Tex. 2002). "To give appropriate deference to the factfinder's conclusions and the role of a court conducting a legal sufficiency review, looking at the evidence in the light most favorable to the judgment means that a reviewing court must assume that the factfinder resolved disputed facts in favor of its finding if a reasonable factfinder could do so." Id. In other words, we will disregard all evidence that a reasonable factfinder could have disbelieved or found to have been incredible. Id.

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Related

in the Interest of N. G., a Child
Court of Appeals of Texas, 2019
in Re Interest of N.G., a Child
577 S.W.3d 230 (Texas Supreme Court, 2019)

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Bluebook (online)
575 S.W.3d 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ng-texapp-2018.