In Re PR

994 S.W.2d 411, 1999 WL 504583
CourtCourt of Appeals of Texas
DecidedJuly 15, 1999
Docket2-98-294-CV
StatusPublished

This text of 994 S.W.2d 411 (In Re PR) 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 PR, 994 S.W.2d 411, 1999 WL 504583 (Tex. Ct. App. 1999).

Opinion

994 S.W.2d 411 (1999)

In the Interest of P.R.

No. 2-98-294-CV.

Court of Appeals of Texas, Fort Worth.

June 17, 1999.
Ordered Published July 15, 1999.

*412 Donald T. Fulton, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Assistant Criminal District Attorney, Anne E. Swenson, Assistant Criminal District Attorney, Melissa R. Paschall, Assistant Criminal District Attorney, Nancy Dewees, Assistant Criminal District Attorney, Fort Worth, for Appellee.

Panel B: LIVINGSTON, BRIGHAM, and HOLMAN, JJ.

OPINION

HOLMAN, Justice.

This is a parental termination case, in which the trial court terminated the parental rights of Dana Meissner (P.R.'s mother) and Mike Davis (P.R.'s alleged biological father). The trial court also dismissed custody petitions filed by P.R.'s relatives: Troy Meissner, Janet Meissner, Sue Freehling, and Austin Meissner. Dana Meissner appeals on three points, challenging the sufficiency of the evidence and the effectiveness of Mike Davis' waiver of interest. Troy Meissner, Janet Meissner, Sue Freehling, and Austin Meissner appeal separately, each contending that the trial court abused its discretion by refusing to grant their petitions for custody of P.R., by failing to consider whether P.R.'s parents are willing and able to provide P.R. with a safe environment, and by failing to place P.R. with a "parent" or "grandparent." Because we find that the evidence is sufficient to terminate the parental rights of Dana Meissner and Mike Davis, that Janet Meissner and Austin Meissner are not properly before this court, and that Troy Meissner's and Sue Freehling's complaints are moot, we affirm.

I. BACKGROUND

Dana Meissner is the natural mother of P.R. Before P.R.'s birth, Dana was married to Troy Meissner and resided with him in Aurora, Colorado. On June 26, 1996, about 90 days before P.R. was born, Dana and Troy were divorced by a court in *413 Colorado.[1] Troy was appointed managing conservator of their minor child, Austin Meissner, in the divorce proceedings. Troy is now married to Janet Meissner.

On February 16, 1996, Dana met Paul Robinson. Sometime near the beginning of March 1996, Dana and Paul moved to Texas. P.R. was born September 30, 1996, in Tarrant County. On December 2, 1996, Dana took P.R. to the emergency room at DFW Medical Center because he could not digest his formula. The physicians x-rayed P.R. and diagnosed his problem as colic. Because the doctors thought the x-rays showed a fractured femur, they notified the Texas Department of Protective and Regulatory Services ("TDPRS").

On December 6, 1996, TDPRS investigator Keith Gailes told Dana about the x-rays, that he was investigating the cause of the bone fracture, and he requested that Dana voluntarily place P.R. outside the home during the investigation. Dana voluntarily placed P.R. with an acquaintance, Sherry Banks.

On January 13, 1997, at the request of Gailes, Banks took P.R. to Cook Children's Medical Center for a follow-up examination. X-rays revealed that there was no fracture of P.R.'s legs, but did show four-week-old healing fractures on two of P.R.'s ribs. Gailes removed P.R. from Banks' home and placed him in the care of TDPRS. On January 15, 1997, the State filed a petition seeking to terminate the parental rights of Dana, Troy, and Mike Davis.[2] After a hearing on January 23, 1997, the trial court appointed TDPRS as P.R.'s temporary managing conservator.

On May 21, 1997, Troy filed a counter-petition seeking to be appointed as sole managing conservator of P.R. Troy claimed that he had standing as the presumed father. On June 10, 1997, the State filed a motion to dismiss Troy's counter-petition based on paternity tests that excluded Troy as the biological father of P.R. The trial court granted the State's motion and dismissed Troy's counter-petition with prejudice.

On July 7, 1997, Austin filed a pro se counter-petition through next friends, Troy and Janet, asking for modification of the temporary orders and that the court appoint Troy as managing non-parent conservator. On December 16, 1997, P.R's maternal grandmother, Sue Freehling, filed a petition to intervene, asking that Troy be named managing conservator. The trial court soon granted the State's motions to dismiss the petitions of Austin Meissner and Sue Freehling, finding that neither party had standing.

On June 22, 1998, the trial court signed a final judgment terminating the parental rights of Dana and Davis and appointing TDPRS managing conservator of the child P.R.

II. PARENTAL TERMINATION OF DANA MEISSNER

In proceedings to terminate the parent-child relationship brought under former section 161.001 of the Family Code, the petitioner must establish by clear and convincing evidence one or more of the acts or omissions enumerated under subdivision (1) of the statute and must additionally prove, as required under subdivision (2), that termination of the parent-child relationship is in the best interest of the child. *414 See Act of April 6, 1995, 74th Leg., R.S. ch. 20, § 1, 1995 Tex. Gen. Laws 113, 212-13 (amended 1997) (current version at TEX. FAM. CODE ANN. § 161.001 (Vernon Supp 1999));[3]Richardson v. Green, 677 S.W.2d 497, 499 (Tex.1984). The State's petition for parental termination, filed January 15, 1997, asked the trial court to terminate the parent-child relationship between Dana and P.R., alleging that it was in his best interest because Dana had:

(1) Knowingly placed or knowingly allowed the Child to remain in conditions or surroundings which endanger the emotional or physical well-being of the Child; or
(2) 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; or
(3) Constructively abandoned the Child who has been in the permanent or temporary managing conservatorship of the Department of Protective and Regulatory Services or an authorized agency for not less than one year, and:
(i) the department or authorized agency has made reasonable efforts to return the Child to the parent;
(ii) the parent has not visited or maintained contact with the Child; and
(iii) the parent has demonstrated an inability to provide the Child with a safe environment.

See FORMER TEX. FAM. CODE ANN. §§ 161.001(1)(D), (E), & (N) (Vernon 1996). After a hearing on the State's petition, the trial court found that Dana had committed all three of the alleged acts and that a termination of the parent-child relationship would be in P.R.'s best interest. The trial court signed the termination decree on June 22, 1998, and filed its findings of fact and conclusions of law on August 5, 1998.

In Dana's first point, she asserts that there is no evidence, or alternatively insufficient evidence, to support the trial court's judgment terminating her parental rights under the environment, conduct, and constructive abandonment theories of termination. See id. §§ 161.001(1)(D) (environment), (1)(E) (conduct), (1)(N) (constructive abandonment). More specifically, she challenges the evidence supporting the trial court's findings of fact numbers 7, 9, 13, 15, and 17:

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In the Interest of P.R.
994 S.W.2d 411 (Court of Appeals of Texas, 1999)

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