In the Interest of B.J.C.

495 S.W.3d 29, 2016 WL 444612
CourtCourt of Appeals of Texas
DecidedFebruary 4, 2016
DocketNO. 14-15-00904-CV
StatusPublished
Cited by23 cases

This text of 495 S.W.3d 29 (In the Interest of B.J.C.) 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.J.C., 495 S.W.3d 29, 2016 WL 444612 (Tex. Ct. App. 2016).

Opinion

OPINION

Sharon McCally, Justice

Appellant M.C. (“Mother”) appeals the trial court’s final decree terminating her parental rights, and appointing the Department of Family and Protective Services (the “Department”) as sole managing conservator of B.J.C.- (“Bonnie”), G.J.C, (“Gabrielle”), and G.E.C. .(“Gordon”).1 On appeal appellant challenges the legal and factual sufficiency of the evidence to support the trial court’.s findings under Texas Family Code section-161.033 under which her parental rights were terminated. We affirm the termination of Mother’s parental rights.

I. Factual and Procedural Background

A. 2008 Removal and Motion to Modify

On April 28, 2008, the Department received a report that the children were not being properly supervised; they were seen either wearing dirty clothes,' or running around outside wearing no clothes. The children were frequently seen outside playing naked, and sometimes seen urinate ing and defecating outside. Neighbors in the apartment complex complained about the smell of urine and feces coming from the apartment where the children lived.

On October 7, 2008, a Department caseworker entered the apartment and reported being overwhelmed by the smell of urine as well as houseflies and gnats. At that time Mother was given three days to clean her apartment. Three days later the caseworker returned, but found little improvement. Mother agreed to voluntarily place the children with a friend. Another three days later the caseworker returned and found that the conditions of the home had “greatly improved.” ’ The children were returned home and the family began receiving intensive Family Based Safety Services (FBSSj.

Over the course of 2008 and 2009, the Department worked closely with Mother in [32]*32attempting to get her house cleaned, purchase clothing for the children, and pay her rent and medical bills. The Department arranged for a home therapist to provide individual counseling and for a homemaker to teach Mother childcare, cleaning, and safety skills. Periodic home visits revealed that the apartment was still very dirty and contained live roaches in the kitchen and dead roaches on the ceiling. On April 6, 2009, the children’s daycare director reported that the Mother failed to pick up the children. A babysitter arrived an hour later stating she forgot to pick up the children.

In May 2009 the therapist reported that on a recent home visit there were several men in the apartment with Mother. Mother told the therapist not to report the men to the Department. The next day a homemaker working on behalf of the Department, and the caseworker, visited the home and observed the smoke detector on the floor of the apartment. Mother reported that she removed the smoke detector because it would not stop ringing. When the homemaker picked up the smoke detector and shook it, “dozens of roaches” fell out. There were roaches all over the kitchen including some roaches inside an open can of powdered drink mix.

The caseworker visited eight-year-old Bonnie at school in May 2009. Bonnie reported that Mother puts cotton in her ears so the roaches will not crawl in her ears at night while she sleeps. Bonnie reported that when she was seven years old she spent the night with her babysitter. The babysitter’s husband touched Bonnie “under her panties with his hand.” After that incident Bonnie does not spend the night at the babysitter’s home.

On June 18, 2009, the Department filed an original petition for termination of Mother’s parental rights. On January 27, 2011, the Department was appointed sole managing conservator of the children, but Mother’s parental rights were not terminated. Mother does not have location information about any of the children’s three fathers.

On March 21, 2012, Mother filed a motion to modify in suit affecting the parent-child relationship. Mother requested that she be appointed sole managing conservator of the children. Mother stated that she had stable housing and employment, was participating in individual counseling, and that it would be in the children’s best interests to be reunited with her.

On December 27, 2012, Mother signed a family service plan in which she agreed to:

• obtain and maintain housing that is a clean environment for herself and her children;
• actively participate in family therapy sessions;
• complete another psychological evaluation and follow all recommendations;
• attend all meetings, court hearings, permanency conferences, and follow all recommendations of the Department, therapists, the court, and Children’s Crisis Care Center;
• obtain and maintain legal and verifiable employment for at least six consecutive months;
• obtain a support system and provide the worker with a list of these individuals with their contact information explaining how they will be of support to her;
• refrain from all criminal activity and ■ refrain from interacting with individuals who participate in criminal activity; and
• complete another psychiatric evalúa[33]*33tion specifically through MHMRA2 and follow all recommendations.

On August 11, 2014, the Department filed a motion to modify conservatorship and for termination of Mother’s parental rights. The Department alleged that termination of Mother’s rights was warranted under section 161.003 of the Texas Family Code because she:

has a mental or emotional illness or a mental deficiency that renders' the mother unable .to provide for the physical, emotional, and mental needs of the children and will continue to render the mother unable to provide for the children’s needs until the 18th birthday of the children, despite at least six months of reasonable efforts to return the child to the parent.

B. Trial Testimony

Dr. Paul Damin testified that the Department contracted with him to assess Mother’s parenting ability. Damin- conducted intellectual, emotional, and parenting assessments on Mother. Damin found that Mother had limited cognitive abilities, which he classified as extremely low range. Damin also found emotional functioning consistent with a low level of cognitive ability and that Mother has difficulty understanding problem situations as well as determining adequate or effective solutions in those situations. Damin determined that in order to parent her children Mother needed assistance from a competent, reliable person who could observe her with her children to ensure the children’s safety. Mother’s low level of cognitive and emotional functioning is a permanent condition not subject to treatment.

In Damin’s testing of Mother he gave her a GAF3 score of 60, out of a possible 100. Damin admitted that in many cases a person with that score can parent her children. Damin further explained that the GAF score reflects some emotional and adjustment issues associated with the stressors in Mother’s life. The cognitive and intellectual aspects of the assessment are not reflected by the GAF score. Da-min described Mother as having borderline intellectual functioning. Damin concluded that Mother is incapable of independently parenting her children.

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Cite This Page — Counsel Stack

Bluebook (online)
495 S.W.3d 29, 2016 WL 444612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-bjc-texapp-2016.