In Re SML

171 S.W.3d 472, 2005 Tex. App. LEXIS 5853, 2005 WL 1772310
CourtCourt of Appeals of Texas
DecidedJuly 26, 2005
Docket14-04-01199-CV
StatusPublished

This text of 171 S.W.3d 472 (In Re SML) 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 SML, 171 S.W.3d 472, 2005 Tex. App. LEXIS 5853, 2005 WL 1772310 (Tex. Ct. App. 2005).

Opinion

171 S.W.3d 472 (2005)

In the Interest of S.M.L.

No. 14-04-01199-CV.

Court of Appeals of Texas, Houston (14th Dist.).

July 26, 2005.

*474 Glenn H. Devlin and William B. Connolly, Houston, TX, for appellants.

Francisca Anna Aguirre-Saldana and Sandra D. Hachem, Houston, TX, for appellees.

Panel consists of Justices YATES and HUDSON, and Senior Justice MIRABAL.[*]

OPINION

LESLIE BROCK YATES, Justice.

Appellant Charles W. Adams a/k/a Michael Elliott appeals from the trial court's order terminating his parental rights to his daughter, S.M.L. In four issues, he challenges the legal and factual sufficiency of the evidence underlying the findings in the termination order. We affirm the judgment of the trial court.

FACTUAL AND LEGAL BACKGROUND

On August 29, 2003, appellee, the Texas Department of Family & Protective Services ("DFPS"), was notified that a mother was seen pushing her eighteen-month-old girl in a stroller against traffic on the feeder road of a busy highway. The baby, S.M.L., was drinking water from a dirty bottle, and her mother, Mei-Hwei Liu, had no milk or diapers for the baby and apparently did not understand that pushing a baby in a stroller on a feeder road might be dangerous.

DFPS initiated an investigation and went to S.M.L.'s home. The conditions there were unfit for a small child. The home was filthy, and a strong odor of feces and urine permeated the house. Feces were on the floor and smeared on the wall. The toilet was crusted with filth, and a mattress had fresh urine stains. Trash and dirty dishes were piled everywhere. The little food that was in the house was spoiled, and the child's high chair was covered in old food and stacked with cans of paint. Many items unsafe for a toddler to handle were within easy reach, including an empty whiskey bottle and fiberglass building materials. S.M.L. appeared malnourished and thin and was extremely dirty and smelly.

DFPS removed S.M.L. from the home. She was placed in foster care where she exhibited unusual behavior, including crying hysterically when being bathed and aggressively searching the trash can for food. The foster mother also reported that S.M.L. was extremely withdrawn and afraid of men; however, these behaviors have subsided over time. The foster mother testified that S.M.L. has bonded with her foster family and that they love her and want to adopt her.

During the investigation, DFPS discovered that Liu, the child's mother, is mentally ill. She has been diagnosed with mental problems, including bipolar disorder and paranoid schizophrenia, and has been on medication at various times, including when S.M.L. was born. In fact, DFPS had received a call about this family when the baby was born. Liu, who had given birth to S.M.L. at home before going to the hospital, said she did not know she was pregnant and thus had no prenatal care. Even after giving birth, Liu denied that she had a baby or that she could have had a baby. Liu did not respond to S.M.L. *475 when she was in the room, and Liu would not feed the baby, even when hospital staff directed her to do so. Appellant, who at that time was known as Michael Elliott,[1] was present at the hospital, and he denied knowing Liu was pregnant and gave conflicting information about his paternity. Appellant and Liu had made no arrangements for the baby, and so DFPS helped them obtain a crib, a car seat, baby formula, diapers, and clothing. The conditions at the home, though not as bad as when S.M.L. was later removed, were described as "deplorable." Thus, the home had to be cleaned and repaired before S.M.L. could be brought home, and under DFPS's direction, appellant was able to get the house "livable."

Appellant and Liu agreed to accept family services from DFPS, and DFPS allowed them to take S.M.L. home. DFPS visited a few more times and found everything generally acceptable, though Liu's sister visited at other times when DFPS was not present and found problems in the home. Liu's sister testified that the house was dirty, stacked with trash, and in need of repair. She did not think the house was fit for a young child. Liu's sister pointed these things out to appellant and even brought him a tool to help with the repairs, but appellant merely said "okay" and did nothing further. She also testified that appellant often appeared drunk during her visits and that he did not have any interaction with the baby.

In June 2002, appellant began telling DFPS that he did not know why they kept coming for visits because Liu had taken S.M.L. to Taiwan. Liu later told a therapist that appellant had sent her and the baby to Taiwan because he did not want to raise S.M.L. and wanted Liu's relatives to care for her. DFPS closed the case, although apparently Liu and S.M.L. returned from Taiwan shortly thereafter and resumed living with appellant.

Appellant was not present when DFPS removed S.M.L. and placed her in foster care. Liu told DFPS that appellant had left her two months prior to this incident and that she did not know where he was. Actually, appellant, who was known at this time as Charles W. Adams, had been incarcerated seventy-three days before for assaulting a police officer and was serving a two-year term. This was the second time appellant had been incarcerated for such an offense, having served time in the 1990s, also for assaulting a police officer. Appellant also admitted to having been arrested for trespass when S.M.L. was about two months old and to driving while intoxicated.

DFPS filed suit to terminate the parent-child relationship between S.M.L. and both her mother and father in September 2003. Appellant was not originally served because DFPS did not know appellant was in jail under a different name. However, appellant corresponded with Liu from jail, and he admitted he knew that S.M.L. was in DFPS custody by at least December 2003. Nevertheless, he did not make any effort to contact DFPS or to check on S.M.L. until about eight months later in August 2004, after he was officially served with the termination suit. DFPS sent appellant a family services plan, directing him to do various things such as take parenting classes. Appellant wrote the caseworker and questioned whether he should be required to do these things. At trial, appellant testified that he would complete the family services plan only if ordered to do so by the court.

*476 The termination hearing was held in October 2004. Both parents were present and represented by counsel, and each waived their right to a jury trial. After hearing their testimony as well as testimony from DFPS employees, Liu's sister, and the foster mother, the court ordered that both parents' parental rights be terminated. This appeal by the father only followed.

STANDARD OF REVIEW

Parental rights can be terminated involuntarily only by a showing of clear and convincing evidence. TEX. FAM.CODE ANN. § 161.001 (Vernon 2002); 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." TEX. FAM.CODE ANN. § 101.007 (Vernon 2002); In re J.F.C., 96 S.W.3d at 264.

When reviewing factual findings required to be made by clear and convincing evidence, we apply a standard of review that reflects this burden of proof.

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Bluebook (online)
171 S.W.3d 472, 2005 Tex. App. LEXIS 5853, 2005 WL 1772310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sml-texapp-2005.