In re R.A.G.

545 S.W.3d 645
CourtCourt of Appeals of Texas
DecidedJanuary 11, 2017
DocketNo. 08–16–00178–CV
StatusPublished
Cited by46 cases

This text of 545 S.W.3d 645 (In re R.A.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 R.A.G., 545 S.W.3d 645 (Tex. Ct. App. 2017).

Opinion

ANN CRAWFORD McCLURE, Chief Justice

This appeal is from a judgment terminating the parental rights of Appellant, R.E.G., to his son, R.A.G. We affirm.

FACTUAL SUMMARY

Appellant and G.B. are the parents of R.A.G. Appellant and G.B. were arrested for trafficking drugs from Mexico into Texas, and both of them were incarcerated for that offense. R.A.G. was born in 2007 while G.B. was incarcerated. R.A.G. was placed with Appellant's mother, M.G., shortly after he was born and he lived with her for about a year and a half until G.B. was released from incarceration.1 Appellant was released from incarceration in 2012, but he was deported to Mexico and cannot legally re-enter the United States. The record reflects that Appellant has never had any contact or relationship with R.A.G. during the child's life, and he has not provided any financial support.

The Texas Department of Family and Protective Services removed R.A.G. and two other children from G.B.'s care after receiving a report that G.B., on December *64912, 2014, left the children unattended in a running vehicle while she went into a store where she was arrested for shoplifting. She was also charged with three counts of endangering a child, a state jail felony.2 During the subsequent investigation, G.B. tested positive for cocaine. On May 8, 2015, the Department filed a petition requesting an order for G.B. to participate in services, and the trial court entered an order granting the petition. G.B. did not, however, participate in any services, including inpatient drug rehabilitation. The Department placed R.A.G. with his maternal aunt, S.O., and her husband on May 16, 2015.

On July 13, 2015, the Department filed a petition to terminate the parental rights of G.B. and Appellant. The petition alleged that Appellant's location was unknown and the Department would request service in the event it located him. Over the next several months, the Department made efforts to contact Appellant regarding R.A.G.'s removal from G.B.'s care and to inform him that the child was in the custody of the Department. Rachel Flores, a conservatorship supervisor, contacted Appellant's mother, M.G., and sister in November or December 2015 by telephone through a number the Department had on file for Appellant's mother. Flores told them that it was important they inform Appellant that R.A.G. was in the Department's custody and that Appellant needed to contact the Department. Flores gave them her telephone number so that Appellant could contact her. M.G. and Appellant's sister told Flores that he was working in Mexico but they did not know the location. Appellant's sister, G.A., testified at trial that she and her mother have had contact with Appellant by telephone and Facebook since he was released from prison in 2012. G.A. admitted that she, her mother, and another sister learned in November 2015 that R.A.G. was in the Department's custody when her mother and sister spoke to a supervisor from the Department about the case. Further, she testified that she and her family informed Appellant about the case concerning R.A.G. Despite having this knowledge, Appellant did not contact the Department about R.A.G. or the case.

A caseworker, Shelbi Talavera, testified that she did not have a working telephone number for Appellant or his mother at the time she was the caseworker. Talavera sent a letter to Appellant at his last known address and also sent letters to his mother's address in New Mexico. The letters sent to M.G.'s address were not returned, but G.A. denied ever receiving any letters from the Department. The Department conducted a due diligence search for Appellant but could not locate him. On April 12, 2016, the trial court appointed an attorney ad litem to represent Appellant and entered an order for substituted service. Appellant subsequently filed a general denial, and he attended the trial by telephone.

S.O. testified at trial that she has had a relationship with R.A.G. since he was about one and a half years of age. R.A.G. has lived with S.O. and her husband since May 16, 2015. During the time R.A.G. has lived with them, Appellant and his family have not had any contact with R.A.G. R. A. G. did not know Appellant, and did not know Appellant was his father until S.O. told him. S.O. and her husband plan to adopt R.A.G.

The trial court terminated Appellant's parental rights, finding by clear and convincing evidence that he:

(1) knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger *650the physical or emotional well-being of the child, pursuant to § 161.001(b)(1)(D), Texas Family Code ;
(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, pursuant to § 161.001(b)(1)(E),
(3) constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months and: (1) the Department has made reasonable efforts to return the child to the father; (2) the father has not regularly visited or maintained significant contact with the child; and (3) the father has demonstrated an inability to provide the child with a safe environment, pursuant to § 161.001(b)(1)(N), Texas Family Code ; and
(4) failed to comply with the provisions of a court order that specifically established the actions necessary for the father to obtain the return of the child who has 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, pursuant to § 161.00(b)(l)(O), Texas Family Code.3 The trial court also found that termination was in the child's best interest.

PREDICATE TERMINATION GROUNDS

In Issues One through Four, Appellant challenges the legal and factual sufficiency of the evidence supporting the four predicate termination grounds found by the trial court. A parent's rights may be involuntarily terminated through proceedings brought under Section 161.001 of the Texas Family Code. See TEX.FAM.CODE ANN. § 161.001 (West Supp. 2016). Under this provision, the petitioner must (1) establish one or more of the statutory acts or omissions enumerated as grounds for termination, and (2) prove that termination is in the best interest of the children. See id . Both elements must be established and termination may not be based solely on the best interest of the children as determined by the trier of fact. Texas Department of Human Services v. Boyd , 727 S.W.2d 531, 533 (Tex. 1987) ; In the Interest of A.B.B. , 482 S.W.3d 135, 138 (Tex.App.-El Paso 2015, no pet.).

Sufficiency Standards

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Cite This Page — Counsel Stack

Bluebook (online)
545 S.W.3d 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rag-texapp-2017.