In Re NR

101 S.W.3d 771, 2003 WL 1390893
CourtCourt of Appeals of Texas
DecidedMarch 21, 2003
Docket06-02-00083-CV
StatusPublished

This text of 101 S.W.3d 771 (In Re NR) 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 NR, 101 S.W.3d 771, 2003 WL 1390893 (Tex. Ct. App. 2003).

Opinion

101 S.W.3d 771 (2003)

In the Interest of N. R., a Child.

No. 06-02-00083-CV.

Court of Appeals of Texas, Texarkana.

Submitted March 20, 2003.
Decided March 21, 2003.

*773 Rick McPherson, law Office of Rick McPherson, Carthage, for appellant.

Lana Shadwick, Houston, for appellee.

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

OPINION

CARTER, Justice.

I. Nature of the Case

Robert Rogers appeals an order terminating the parent-child relationship between him and his daughter, N.R. In five points of error, he contends the evidence was both factually and legally insufficient to support the termination.

II. Factual and Procedural Background

The Department of Protective and Regulatory Services first began its investigation into the well-being of N.R. in July 2000. At that time, N.R. was five years old and living with Rogers. Rogers had been N. R.'s managing conservator since she was three or four years old. Stephanie Hodge, N. R.'s mother, was incarcerated during the course of the Department's investigation. The Department sought and received from Hodge a voluntary relinquishment of her parental rights to N. R.

Thereafter, the Department filed an action to terminate Rogers' parental rights to N.R. under the procedures provided in Tex. Fam.Code Ann. §§ 161.001-.211 (Vernon 2002). The trial court terminated Rogers' parental rights to N.R. on the grounds alleged in the Department's petition. This appeal followed.

III. Discussion

A. Burden of Proof

The burden of proof in parental termination cases is clear and convincing evidence. Tex. Fam.Code Ann. § 161.001; In re J.F.C., 96 S.W.3d 256, 263 (Tex., 2002). "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).

B. Standards of Review

1. Legal Sufficiency

When reviewing a point of "no evidence" or legal sufficiency in the context of a parental rights termination, 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." See J.F.C., at 266. If, after conducting our review of 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 conclude the evidence is legally insufficient. See id.

2. Factual Sufficiency

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. See id.; C.H., 89 S.W.3d at 25-26. In applying this standard to a trial court's findings, we ask whether there was sufficient evidence presented to produce in the mind of a rational fact-finder a "firm belief or conviction as to the truth of the allegations sought to be established." See Tex. Fam.Code Ann. § 101.007 (Vernon 2002); see also J.F.C., at 264. If the answer to this question is yes, then we must overrule the factual sufficiency point.

We recognize that 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" *775 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 of the parent. Holick v. Smith, 685 S.W.2d 18, 20 (Tex.1985).

C. Analysis

To terminate parental rights in Texas, the evidence must establish: (1) a statutory ground for termination; and (2) the termination is in the child's best interest. Tex. Fam.Code Ann. § 161.001(1). On appeal, Rogers focuses on the statute's first prong, contending the evidence supporting a statutory ground for termination is both legally and factually insufficient. Rogers does not contend termination of his parental rights is not in N. R.'s best interest.

In its petition, the Department alleged five separate grounds under Tex. Fam.Code Ann. § 161.001.[1] The trial court found there was clear and convincing evidence supporting each of the Department's alleged grounds. Only one statutory ground is required to terminate parental rights under Section 161.001. See, e.g., In re S.F., 32 S.W.3d 318, 320 (Tex.App.-San Antonio 2000, no pet.) (concluding "only one finding alleged under section 161.001(1) is necessary to a judgment of termination"). Therefore, we will affirm the trial court's order if there is both factually and legally sufficient evidence on any statutory ground on which the trial court relied in terminating Rogers' parental rights. See id.

1. Tex. Fam.Code Ann. § 161.001(1)(D), (E)

In his first two points of error, Rogers challenges the factual sufficiency of the evidence supporting a finding under Tex. Fam.Code Ann. § 161.001(1)(D), (E). Specifically, he contends the evidence is factually insufficient to show: (1) he knowingly placed or knowingly allowed N.R. to remain in conditions or surroundings that endangered her physical or emotional well-being; or (2) he engaged in conduct or knowingly placed N.R. with persons who engaged in conduct which endangered N. R.'s physical or emotional well-being. Because of the close evidentiary relationship of these two grounds, we will review them together.

"Endangerment" is an element of both subsections (D) and (E). In an involuntary termination proceeding, "endanger" means conduct that is more than a threat of metaphysical injury or the possible ill effects of a less than ideal family environment. Tex. Dep't of Human Servs. v. Boyd,

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Bluebook (online)
101 S.W.3d 771, 2003 WL 1390893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nr-texapp-2003.