In the Interest of B.C.F., Jr., D.E.F., A.R.F., Children v. the State of Texas

CourtCourt of Appeals of Texas
DecidedSeptember 18, 2024
Docket13-24-00210-CV
StatusPublished

This text of In the Interest of B.C.F., Jr., D.E.F., A.R.F., Children v. the State of Texas (In the Interest of B.C.F., Jr., D.E.F., A.R.F., Children v. the State of Texas) 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 the Interest of B.C.F., Jr., D.E.F., A.R.F., Children v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

NUMBER 13-24-00210-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE INTEREST OF B.C.F. JR., D.E.F., A.R.F., CHILDREN

ON APPEAL FROM THE 25TH DISTRICT COURT OF GONZALES COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Longoria, Tijerina, and Peña Memorandum Opinion by Justice Longoria

Appellant D.F. (Mother) appeals a judgment terminating her parental rights to her

children B.C.F., Jr., D.E.F., AND A.R.F. 1 By two issues, Mother challenges the sufficiency

of the evidence supporting termination of her parental rights under § 161.001(b)(1)(D)

and (E) of the family code and asserts she received ineffective assistance of counsel.

See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E). We affirm.

1 To protect the identity of minor children in an appeal from an order terminating parental rights,

parents and children are referred to by their initials or an alias. See TEX. FAM. CODE ANN. § 109.002(d). I. BACKGROUND

A. Removal

The children were taken into possession by the Texas Department of Family and

Protective Services (the Department) on February 25, 2023. Prior to removal, the

Department had received two referrals alleging the neglectful supervision of the children

by Mother. On December 19, 2022, the Department received a referral alleging that

D.E.F. had untreated lice for several months, leading to scabbing on her scalp. On

February 3, 2023, the Department received a referral alleging that “arguing could be

heard through the walls” of Mother and her paramour D.T.’s apartment. The referral

further alleged that D.T. had brought “drugs and a gun” into the home and that when law

enforcement arrived, methamphetamines were found “on the floor accessible to the

children.”

In her affidavit in support of exigent removal, Ashley Molina, a caseworker for the

Department, averred that after the first referral, she visited the home on January 5, 2023,

and noted no scabbing or lice was present on D.E.F.’s scalp. Molina attempted to make

contact on February 3, 2023, after the second referral was made, but Mother was not “in

town.” Mother later brought the children to Molina’s office where Mother and Molina

discussed the referral related to the drugs and gun in the home. According to the affidavit,

Mother denied that the drugs or gun were hers and that when she located the items, she

attempted to remove D.T. from her home. Mother told Molina that “while throwing [D.T.’s]

possessions outside . . . the bag of methamphetamines broke.” Mother indicated that her

children were asleep during this incident, which Molina confirmed with law enforcement

2 who responded to the incident. Mother indicated that D.T. would be removed from her

home and would not be allowed to return. Molina was unable to speak with the children

while they were at her office that day.

On February 7, 2023, Molina went to D.E.F.’s and B.C.F.’s respective schools to

meet with them. Neither made any outcry of abuse or neglect. That same day, Molina

visited Mother at the residence. Molina’s affidavit states that she “did not have any

immediate concerns for drugs being used in the apartment.”

On February 23, 2023, Molina received “numerous” calls from anonymous people

regarding disturbances at Mother’s home involving D.T. There were concerns that A.R.F.,

then two years old, was left alone outside. The next day, Molina confirmed through

conversations with D.E.F. and B.C.F. that D.T. had been staying in the home. Mother

denied that A.R.F. was left alone outside, and told Molina that D.T. had not been staying

with their family. A safety plan was put in place, and Mother agreed to have her cousin

A.F. move into the family’s home and “supervise all of her contact with the children.” On

February 25, 2023, A.F. called Molina and stated that Mother allowed D.T. back into the

home and would not allow A.F. to be inside the home. A.F. was concerned for the

children’s safety.

Molina arrived at Mother’s residence on February 25, 2023, with law enforcement.

When they gained access to the home, there was a smell of marijuana emanating from

the home, and Molina observed marijuana on the kitchen counter. With no alternatives to

replace A.F. as a safety monitor, the children were removed from Mother’s care that day.

3 B. Trial

A bench trial was held over the course of two days via Zoom. On the first day of

trial, before evidence was presented, Mother’s attorney notified the trial court that Mother

was “in agreement to execute a voluntary relinquishment” of her rights. Because trial had

commenced, an agreement was made that trial would continue as to the two fathers,

without putting evidence on as to Mother. Mother’s attorney also indicated that Mother

would be “supportive” of the current foster parent adopting all three children. In addition,

Mother’s attorney asked to be excused for a period of time during the evidence portion of

the trial that day due to another trial obligation, which was allowed.

Trial began with testimony from Karen Ortiz Washington, the permanency

specialist for the case. Washington’s testimony focused solely on both fathers, stating

that DNA tests confirmed paternity. Washington did not testify to anything pertaining to

Mother.

Prior to the next witness, Mother’s counsel was excused for a hearing in another

matter. The Department next elicited testimony from Molina. The Department

acknowledged that they were not going to “go into too much detail” regarding the removal

from Mother’s case but that they needed to discuss how it happened. Molina testified to

the same facts as laid out in the affidavit for removal. Specifically, Molina gave the dates

and general details of the two different referrals received and the communications

between Molina and Mother. Molina testified that Mother was dating D.T., that D.T. had

a criminal history related to drugs, and that D.T. was on parole. Although the Department

advised Mother that she could not have D.T. in the home or near her children, Mother

4 continued her relationship with D.T. and the children were ultimately removed for their

safety. The remainder of Molina’s testimony focused on her contact with the two fathers.

Darla Sanders, the assigned court appointed special advocate (CASA) for the case

also testified on day one of trial. Her testimony was limited to the performance of the

service plans by the fathers. She opined that termination of the rights of both fathers was

in the best interest of the children. After Sanders testified, the trial court recessed trial “for

completion as to [M]other.”

Trial resumed approximately three weeks later, at which point, Mother did not

relinquish her rights and evidence was presented. The Department recalled Molina and

her testimony largely mirrored that of her statements made in her affidavit supporting

removal, specifically detailing the events leading to the removal including drugs and a

gun in the home, which Mother stated belonged to D.T. Mother advised the Department

that she would remove D.T. from her home and would end their relationship; however,

Molina testified that Mother continued to be involved with D.T. Molina stated that Mother

denied that D.T. was still present in her life but that in speaking with the children, Molina

learned that D.T. had been staying at their home.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
In Re J.O.A.
283 S.W.3d 336 (Texas Supreme Court, 2009)
Brewer v. State
649 S.W.2d 628 (Court of Criminal Appeals of Texas, 1983)
Rylander v. State
101 S.W.3d 107 (Court of Criminal Appeals of Texas, 2003)
Bone v. State
77 S.W.3d 828 (Court of Criminal Appeals of Texas, 2002)
Andrews v. State
159 S.W.3d 98 (Court of Criminal Appeals of Texas, 2005)
Thompson v. State
9 S.W.3d 808 (Court of Criminal Appeals of Texas, 1999)
Garcia v. State
57 S.W.3d 436 (Court of Criminal Appeals of Texas, 2001)
Texas Department of Human Services v. Boyd
727 S.W.2d 531 (Texas Supreme Court, 1987)
in the Interest of S.R., S.R. and B.R.S., Children
452 S.W.3d 351 (Court of Appeals of Texas, 2014)
In the Interest of J.T.G., H.N.M., Children
121 S.W.3d 117 (Court of Appeals of Texas, 2003)
in the Interest of M.R.J.M., a Child
280 S.W.3d 494 (Court of Appeals of Texas, 2009)
in the Interest of K.C.B. a Child
280 S.W.3d 888 (Court of Appeals of Texas, 2009)
Esaw Lampkin v. State
470 S.W.3d 876 (Court of Appeals of Texas, 2015)
in Re Interest of N.G., a Child
577 S.W.3d 230 (Texas Supreme Court, 2019)
In the Interest of M.J.M.L.
31 S.W.3d 347 (Court of Appeals of Texas, 2000)
In the Interest of A.V.
113 S.W.3d 355 (Texas Supreme Court, 2003)
In the Interest of M.S.
115 S.W.3d 534 (Texas Supreme Court, 2003)
In the Interest of J.W.
152 S.W.3d 200 (Court of Appeals of Texas, 2004)
In the Interest of R.S.-T.
522 S.W.3d 92 (Court of Appeals of Texas, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
In the Interest of B.C.F., Jr., D.E.F., A.R.F., Children v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-bcf-jr-def-arf-children-v-the-state-of-texapp-2024.