in the Interest of C.J.S and S.G.B., Jr., Children

383 S.W.3d 682, 2012 WL 4127280, 2012 Tex. App. LEXIS 7978
Court of Appeals of Texas·Decided September 20, 2012·No. 14-12-00330-CV·Published·Cited by 23 cases

Opinion

OPINION

MARTHA HILL JAMISON, Justice.

This case presents the difficult question that Department 1 workers and trial judges face on a daily basis: When children have been successfully placed with a foster family that might adopt, should the State take a chance on a parent who might never be successful? Appellant Latasha J. appeals from the trial court’s order terminating her parental rights to her sons, C.J.S. and S.G.B. In five issues, she challenges the legal and factual sufficiency of the evidence to support the trial court’s termination findings. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 17, 2009, Latasha’s child S.G.B. was admitted into Children’s Memorial Hermann Hospital with bronchitis. On December 22, the Department received a referral from a social worker at the hospital alleging that S.G.B. was ready to be discharged on December 20 but Latasha had not picked him up and the hospital did not know where she was.

The Department had received an earlier referral on September 20, 2009, from Latasha, alleging neglectful supervision of two- *686 year-old C.J.S. by his father, Cory. 2 Cory reportedly took C.J.S. away from Latasha and kept C.J.S. at the residence that Cory shared with his sister Brittany. Cory and Brittany purportedly used marijuana and cocaine, and Cory allegedly sold marijuana. When a Department investigator visited the residence on September 80, Brittany informed the investigator that Cory had returned C.J.S. to Latasha. The investigator attempted to contact Latasha numerous times between September 30 and December 14. On December 15, the investigator finally reached Latasha, who said she thought the case had been closed once Cory returned C.J.S. to her. She stated she had no contact with Cory after he returned C.J.S.

The Department took C.J.S. and S.G.B. into custody on December 28. The same day, the Department filed an Original Petition for Protection of a Child, for Conser-vatorship, and for Termination of the Parent-Child Relationship and Application for Writ of Attachment as to C.J.S. and S.G.B. and Request for Temporary Orders. After an ex parte hearing, the trial court entered an emergency protective order making the Department temporary sole managing conservator of the children. The children were placed into a foster home with non-relatives.

On January 4, 2010, the trial court ordered Latasha to comply with the terms of the Departments’s family service plan. On February 5, Latasha signed the plan, which required, among other things, that she complete domestic violence, anger management, and parenting classes; maintain appropriate housing for the children; undergo psychological and psychiatric evaluations; attend therapy; and submit to random drug testing “with an understanding that every missed test will be considered positive.” 3 The parent’s ac-knowledgement stated:

I understand the [plan] is a very important document. I understand its purpose is to help me provide my child(ren) with a safe environment within a reasonable time [December 23, 2010]. I understand if I am unwilling/unable to provide my child(ren) with a safe environment, my parental and custodial rights may be restricted or terminated or my child(ren) may not be returned to me.

Latasha gave birth to a third child on May 2, 2011. On May 25, she tested positive for cocaine on a hair follicle drug test. The test results showed she had ingested cocaine “on more than one occasion” in the 90 days before being tested. 4 She denied having taken cocaine, but admitted that *687 she missed four or five scheduled drug tests required by the family plan.

At the bench trial on termination of parental rights, Latasha did not seek to be the sole managing conservator of the children, which was consistent with her psychologist’s recommendation: 5 she' sought to keep the children in Department custody and to continue attending parenting classes. After trial, in a final termination order signed on March 28, 2012, the trial court terminated Latasha’s parental rights based on Family Code section 161.001(1), subsections (D), (E), (F), and (0), finding Latasha (1) knowingly placed or allowed the children to remain in conditions or surroundings which endangered their physical or emotional well-being; (2) engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangered the physical or emotional well-being of the children: (3) failed to support the children; and (4) failed to comply with the court-ordered family service plan. The trial court also found that termination was in the children’s best interest under' Family Code section 161.001(2). 6

LEGAL AND FACTUAL SUFFICIENCY CHALLENGE

In five issues, Latasha challenges the legal and factual sufficiency of the evidence supporting the trial court’s termination findings.

Involuntary termination of parental rights is a serious matter implicating fundamental constitutional rights. Holick v. Smith, 685 S.W.2d 18, 20 (Tex.1985). Due to the severity and permanency of the termination of parental rights, the burden of proof at trial is heightened to the clear and convincing standard. See Tex. Fam.Code § 161.001; 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 § 101.007; accord In re J.F.C., 96 S.W.3d at 264. This heightened burden of proof results in a heightened standard of review. In re S.N., 287 S.W.3d 183, 187 (Tex.App.-Houston [14th Dist.] 2009, no pet.).

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in the Interest of C.J.S and S.G.B., Jr., Children, 383 S.W.3d 682, 2012 WL 4127280, 2012 Tex. App. LEXIS 7978 (Tex. Ct. App. 2012).

383 S.W.3d 682 (in the Interest of C.J.S and S.G.B., Jr., Children) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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