In Re NH

122 S.W.3d 391, 2003 WL 22846737
CourtCourt of Appeals of Texas
DecidedDecember 23, 2003
Docket06-03-00047-CV
StatusPublished

This text of 122 S.W.3d 391 (In Re NH) 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 NH, 122 S.W.3d 391, 2003 WL 22846737 (Tex. Ct. App. 2003).

Opinion

122 S.W.3d 391 (2003)

In the Interest of N.H., B.H., J.H., P.H., E.C., and A.D.C., Minor Children.

No. 06-03-00047-CV.

Court of Appeals of Texas, Texarkana.

Submitted October 20, 2003.
Decided December 2, 2003.
Rehearing Overruled December 23, 2003.

*395 Michael D. Martin, Gilmer, for Appellant.

Lana Shadwick, Texas Department of Protective and Regulatory Services, Houston, for Appellee.

Larry P. King, for B.H., N.H., & J.H.

Cliff Thomas, for P.H., E.C., & A.D.C.

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

OPINION

Opinion by Justice ROSS.

The Texas Department of Protective and Regulatory Services filed suit to terminate the parental rights of Pavla Vrsic Chandler and Craig Higley to their four children, N.H., age sixteen, B.H., age fourteen, J.H., age thirteen, and P.H., age twelve. The suit also sought to terminate the parental rights of Pavla and Anthony Chandler to their two children, E.C., age seven, and A.D.C., age six.[1] The fathers, Craig and Anthony, signed affidavits of relinquishment of parental rights to their respective children. Their parental rights were terminated, and they have not appealed.

The termination trial was held before the court, without a jury. At the close of trial, the court found by clear and convincing evidence that termination of Pavla's parental rights to her three youngest children, P.H., E.C., and A.D.C., was in the children's best interests and that grounds existed for such termination pursuant to Section 161.001(1)(D) and (E), and Section 161.003 of the Texas Family Code. The court did not terminate Pavla's parental rights to her three oldest children, N.H., B.H., and J.H. However, these three oldest children are in institutional care with the Texas Department of Protective and Regulatory Services.

Pavla appeals, contending there was no evidence or factually insufficient evidence to support the termination of her parental rights to her three youngest children.

Grounds for Termination

Tex. Fam.Code Ann. § 161.001 (Vernon 2002) provides, in relevant part, as follows:

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
....

(D) knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child;

(E) 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. § 161.003 (Vernon 2002) provides, in relevant part, as follows:

(a) The court may order termination of the parent-child relationship in a suit filed by the Department of Protective *396 and Regulatory Services if the court finds that:

(1) the parent has a mental or emotional illness or a mental deficiency that renders the parent unable to provide for the physical, emotional, and mental needs of the child;
(2) the illness or deficiency, in all reasonable probability, proved by clear and convincing evidence, will continue to render the parent unable to provide for the child's needs until the 18th birthday of the child;
(3) the department has been the temporary or sole managing conservator of the child of the parent for at least six months preceding the date of the hearing on the termination ...;
(4) the department has made reasonable efforts to return the child to the parent; and
(5) the termination is in the best interest of the child.

"Clear and convincing evidence" means the measure or 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 established. In re C.H., 89 S.W.3d 17, 25-26 (Tex.2002).

Standards of Review

In making a no-evidence, or legally insufficient evidence, review in a parental rights termination case, we must take into consideration whether the evidence is such that a fact-finder could reasonably form a firm belief or conviction about the truth of the allegations sought to be established. In re J.F.C., 96 S.W.3d 256, 265-66 (Tex.2002). 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. Id. at 266. In so doing, we must assume the fact-finder resolved disputed facts in favor of its finding if a reasonable fact-finder could do so. Id. If, after conducting our legal sufficiency review of the evidence in the record, we determine no reasonable fact-finder could form a firm belief or conviction the matter that must be proven is true, then we must conclude the evidence is legally insufficient. Id.

When reviewing a factual sufficiency challenge to a parental rights termination, we consider the evidence the fact-finder could reasonably have found to be clear and convincing. C.H., 89 S.W.3d at 25-26. We again ask whether the evidence is such that a fact-finder could reasonably form a firm belief or conviction about the truth of the allegations sought to be established. J.F.C., 96 S.W.3d at 266. In so doing, we consider whether disputed evidence is such that a reasonable fact-finder could not have resolved that dispute in favor of its finding. Id. If, in light of the entire record, the disputed evidence that a reasonable fact-finder could not have credited in favor of the finding is so significant that a fact-finder could not reasonably have formed a firm belief or conviction, then the evidence is factually insufficient. Id.

The natural right existing between parents and their children is one of constitutional dimension. See In re J.W.T., 872 S.W.2d 189, 194-95 (Tex.1994). A parent's right to "the companionship, care, custody, and management" of his or her children is a constitutional interest "far more precious than any property right." Santosky v. Kramer, 455 U.S. 745, 758-59, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (quoting Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972)). Therefore, we strictly scrutinize both the termination proceedings and the involuntary termination statutes in favor *397 of the parent. Holick v. Smith, 685 S.W.2d 18, 20 (Tex.1985).

The Evidence

The State presented evidence Pavla subjected her children to a home environment where violence and threats of violence were common, and where the children did not receive a secure and nurturing environment, but where they were labeled as emotionally disturbed from an early age.

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Bluebook (online)
122 S.W.3d 391, 2003 WL 22846737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nh-texapp-2003.