In the Interest of A.T., Jr., Children v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJanuary 10, 2024
Docket04-23-00689-CV
StatusPublished

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Bluebook
In the Interest of A.T., Jr., Children v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-23-00689-CV

IN THE INTEREST OF A.T., JR., et al., Children

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2021-PA-00746 Honorable Linda Ann Rodriguez, Judge Presiding 1

Opinion by: Lori I. Valenzuela, Justice

Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

Delivered and Filed: January 10, 2024

AFFIRMED

M.R. appeals the trial court’s order terminating her parental rights to her children D.Y.R.

(born 2007), V.C.M.R. (born 2015), and S.M.M.M. (born 2020). 2 M.R. argues (1) the evidence is

legally and factually insufficient to support the trial court’s findings under Texas Family Code

section 161.001(b)(1)(E); (2) the evidence is legally and factually insufficient to support the trial

court’s finding that termination is in the best interest of the children; and (3) the trial court abused

its discretion in making its conservatorship determination. We affirm.

1 The order of termination was rendered by Judge Kimberly Burley. 2 To protect the privacy of the minor children, we use initials to refer to the children and their biological parents. TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2). A fourth child, A.T., Jr., was dismissed from the suit. 04-23-00689-CV

BACKGROUND

On April 28, 2021, the Texas Department of Family and Protective Services (the

“Department”) filed its original petition to terminate M.R.’s parental rights to the children. As a

condition of reunification, the Department created a family service plan requiring M.R. to, inter

alia, acquire and maintain stable employment to provide for the children’s needs; provide

verification of housing and employment; complete parenting and domestic violence classes;

cooperate and comply with the criminal courts to resolve pending criminal charges; complete a

psychosocial assessment and a psychological evaluation; attend and participate in individual

counseling sessions; submit to a drug and alcohol assessment and follow recommendations; and

submit to random drug testing. The Department ultimately pursued termination of M.R.’s parental

rights.

On October 17, 2022 and November 4, 2022, the trial court held a two-day bench trial at

which M.R. appeared. The trial court heard testimony from five witnesses: (1) M.R.; (2) the

Department’s caseworker, Christine Villarreal; (3) M.R.’s counselor, Victoria Caylor; (4) M.R.’s

mother, R.L.; and (5) the children’s foster parent, T.M. At the conclusion of trial, the court signed

an order terminating M.R.’s parental rights pursuant to section 161.001(b)(1)(E), (O), and (P) and

made a finding that termination of M.R.’s parental rights was in the best interest of the children.

M.R. appealed.

ANALYSIS

M.R. challenges the legal and factual sufficiency of the evidence supporting the trial court’s

findings under section 161.001(b)(1)(E); the legal and factual sufficiency of the evidence on which

the trial court relied to conclude that termination was in the best interest of the children; and the

trial court’s conservatorship determination.

-2- 04-23-00689-CV

Standard of Review

The involuntary termination of a natural parent’s rights implicates fundamental

constitutional rights and “divests the parent and child of all legal rights, privileges, duties, and

powers normally existing between them, except for the child’s right to inherit from the parent.” In

re S.J.R.-Z., 537 S.W.3d 677, 683 (Tex. App.—San Antonio 2017, pet. denied) (internal quotation

marks omitted). “As a result, appellate courts must strictly scrutinize involuntary termination

proceedings in favor of the parent.” Id. The Department has the burden to prove, by clear and

convincing evidence, both that a statutory ground existed to terminate M.R.’s parental rights and

that termination was in the best interest of the children. TEX. FAM. CODE § 161.206; In re A.V., 113

S.W.3d 355, 362 (Tex. 2003). “‘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 § 101.007; In re S.J.R.-Z., 537 S.W.3d

at 683.

When reviewing the sufficiency of the evidence supporting a trial court’s order of

termination, we apply well-established standards of review. See In re J.F.C., 96 S.W.3d 256, 263

(Tex. 2002). To determine whether the Department presented clear and convincing evidence, a

legal sufficiency review requires us to “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. We “assume that the factfinder resolved disputed

facts in favor of its finding if a reasonable factfinder could do so.” In re R.S.-T., 522 S.W.3d 92,

98 (Tex. App.—San Antonio 2017, no pet.). “A corollary to this requirement is that a court should

disregard all evidence that a reasonable factfinder could have disbelieved or found to have been

incredible.” In re J.F.C., 96 S.W.3d at 266. Nevertheless, “we may not simply disregard

undisputed facts that do not support the finding; to do so would not comport with the heightened

-3- 04-23-00689-CV

burden of proof by clear and convincing evidence.” In re S.L.M., 513 S.W.3d 746, 748 (Tex.

App.—San Antonio 2017, no pet.). If a reasonable factfinder could form a firm belief or conviction

that the matter that must be proven is true, then the evidence is legally sufficient. Id. at 747.

In contrast, in conducting a factual sufficiency review, we must review and weigh all the

evidence, including the evidence that is contrary to the trial court’s findings. In re J.O.A., 283

S.W.3d 336, 345 (Tex. 2009). We consider whether the disputed evidence is such that a reasonable

factfinder could not have resolved it in favor of the challenged finding. In re J.F.C., 96 S.W.3d at

266. The evidence is factually insufficient only if “in light of the entire record, the disputed

evidence that a reasonable factfinder could not have credited in favor of the finding is so significant

that a factfinder could not reasonably have formed a firm belief or conviction.” Id.

In both legal and factual sufficiency review, the trial court, as factfinder, is the sole judge

of the weight and credibility of the evidence. In re A.F., No. 04-20-00216-CV, 2020 WL 6928390,

at *2 (Tex. App.—San Antonio Nov. 25, 2020, no pet.) (mem. op.). We must defer to the

factfinder’s resolution of disputed evidentiary issues and cannot substitute our judgment for that

of the factfinder. See, e.g., In re H.R.M., 209 S.W.3d 105, 108 (Tex. 2006) (per curiam) (factual

sufficiency); In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005) (legal sufficiency).

Statutory Termination Grounds

Applicable Law

In her first argument on appeal, M.R. challenges the legal and factual sufficiency of the

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