in the Interest of C.S. and A.S., Children

Court of Appeals of Texas·Decided August 16, 2022·No. 06-22-00032-CV·Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-22-00032-CV

IN THE INTEREST OF C.S. AND A.S., CHILDREN

On Appeal from the County Court at Law Bowie County, Texas Trial Court No. 21C0139-CCL

Before Morriss, C.J., Stevens and van Cleef, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION

When Mother’s child from another marriage, E.V., was detained for breaking into a

church and stealing food, he said he was hungry. E.V. explained that he had had food withheld

from him as a form of punishment and that he had sixty days of a ninety-day punishment

remaining.1 E.V. reported that he was also punished by completing extra chores, doing military-

style workouts, sitting on a bench for extended periods of time, and being spanked with different

objects, including a stick with thorns on it, phone chargers, paint sticks, and a paddle. Further

investigation by the Child Protective Services (CPS) division of the Texas Department of Family

and Protective Services indicated that Mother and Father’s other children, C.S. and A.S.,

witnessed E.V. being punished and that they had received the same kinds of punishment.

Because of the excessive and unusual punishment of the children, they were removed from

Mother and Father’s home.

About fourteen months after the children were removed, the trial court determined that

termination of Mother’s and Father’s parental rights was in the best interests of C.S. and A.S.

and terminated Mother’s and Father’s parental rights to C.S. and A.S. on four grounds set out in

Section 161.001(b)(1), subsections (D), (E), (J), and (O), of the Texas Family Code. See TEX.

FAM. CODE ANN. § 161.001(b)(1)(D), (E), (J), (O). On appeal, Father2 asserts that the evidence

is legally and factually insufficient to support the trial court’s findings on statutory grounds D, E,

1 We refer to the children who are the subject of this case by their initials, their birth parents as Mother and Father, and their other relatives by pseudonyms. See TEX. R. APP. P. 9.8. 2 Mother’s parental rights to E.V. were terminated under a separate order of the court. Mother has not appealed that order. 2 and J and that the evidence is legally and factually insufficient to support its finding that

termination of his parental rights was in the children’s best interests. Because we find that

sufficient evidence supports the trial court’s finding under statutory ground D and its finding on

the children’s best interests, we affirm the trial court’s judgment.

Standard of Review

“The natural right existing between parents and their children is of constitutional

dimensions.” In re E.J.Z., 547 S.W.3d 339, 343 (Tex. App.—Texarkana 2018, no pet.) (quoting

Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985)). “Indeed, parents have a fundamental right to

make decisions concerning ‘the care, custody, and control of their children.’” Id. (quoting Troxel

v. Granville, 530 U.S. 57, 65 (2000)). “Because the termination of parental rights implicates

fundamental interests, a higher standard of proof—clear and convincing evidence—is required at

trial.” Id. (quoting In re A.B., 437 S.W.3d 498, 502 (Tex. 2014)). “This Court is . . . required to

‘engage in an exacting review of the entire record to determine if the evidence is . . . sufficient to

support the termination of parental rights.’” Id. (quoting In re A.B., 437 S.W.3d at 500).

“[I]nvoluntary termination statutes are strictly construed in favor of the parent.” Id. (quoting

In re S.K.A., 236 S.W.3d 875, 900 (Tex. App.—Texarkana 2007, pet. denied) (quoting Holick,

685 S.W.2d at 20)).

“In order to terminate parental rights, the trial court must find, by clear and convincing

evidence, that the parent has engaged in at least one statutory ground for termination and that

termination is in the child’s best interest.” Id. (citing TEX. FAM. CODE ANN. § 161.001; In re

E.N.C., 384 S.W.3d 796, 798 (Tex. 2012)). “‘Clear and convincing evidence’ is that ‘degree of

3 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.’” Id. (quoting TEX. FAM. CODE ANN. § 101.007) (citing

In re J.O.A., 283 S.W.3d 336, 344 (Tex. 2009)). “This standard of proof necessarily affects our

review of the evidence.” Id.

“In our legal sufficiency review, we consider all the evidence in the light most favorable

to the findings to determine whether the fact-finder reasonably could have formed a firm belief

or conviction that the grounds for termination were proven.” In re L.E.S., 471 S.W.3d 915, 920

(Tex. App.—Texarkana 2015, no pet.) (citing In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005)

(per curiam); In re J.L.B., 349 S.W.3d 836, 846 (Tex. App.—Texarkana 2011, no pet.)). “We

assume the trial court, acting as fact-finder, resolved disputed facts in favor of the finding, if a

reasonable fact-finder could do so, and disregarded evidence that the fact-finder could have

reasonably disbelieved or the credibility of which reasonably could be doubted.” Id. (citing In re

J.P.B., 180 S.W.3d at 573).

“In our review of factual sufficiency, we give due consideration to evidence the trial

court could have reasonably found to be clear and convincing.” Id. (citing In re H.R.M., 209

S.W.3d 105, 108 (Tex. 2006) (per curiam)). “We consider only that evidence the fact-finder

reasonably could have found to be clear and convincing and determine ‘whether the evidence is

such that a fact[-]finder could reasonably form a firm belief or conviction about the truth of the

. . . allegations.’” Id. (quoting In re H.R.M., 209 S.W.3d at 108). “If, in light of the entire

record, the disputed evidence that a reasonable fact[-]finder could not have credited in favor of

the finding is so significant that a fact[-]finder could not reasonably have formed a firm belief or

4 conviction, then the evidence is factually insufficient.” Id. (quoting In re J.F.C., 96 S.W.3d 256,

264, 266 (Tex. 2002)). “‘[I]n making this determination,’ we undertake ‘an exacting review of

the entire record with a healthy regard for the constitutional interests at stake.’” Id. (quoting In

re A.B., 437 S.W.3d at 503). “We also recognize that the trial court, as the fact-finder, is the sole

arbiter of a witness’ demeanor and credibility, and it may believe all, part, or none of a witness’

testimony.” In re A.M., No. 06-18-00012-CV, 2018 WL 3077784, at *3 (Tex. App.—Texarkana

June 22, 2018, pet. denied) (mem. op.) (citing In re H.R.M., 209 S.W.3d at 109).

“Despite the profound constitutional interests at stake in a proceeding to terminate

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