in the Interest of D.D.G., a Child

423 S.W.3d 468, 2014 WL 252090, 2014 Tex. App. LEXIS 790
Court of Appeals of Texas·Decided January 23, 2014·No. 02-13-00307-CV·Published·Cited by 13 cases

Opinion

OPINION

ANNE GARDNER, Justice.

Appellant K.H. (Mother) appeals the judgment terminating her parental rights to D.D.G. (Daniel). 1 Mother raises two issues. First, she contends the evidence is legally and factually insufficient to support the trial court’s statutory endangerment findings and its finding that Mother was the cause of a child being born addicted to alcohol or a controlled substance. Second, she argues the evidence is legally insufficient to support the trial court’s finding *470 that Mother had previously had her parental rights terminated with respect to another child when this termination suit was filed. 2 We affirm.

I. Background

Mother was thirty-three years old at the time of the final trial on the Department’s petition seeking termination of her parental rights. Mother testified she had four children, Daniel, Sarah, Beth, and Jeremiah, and was eight months pregnant with her fifth child. Sarah, Mother’s oldest child, was twelve years old and had lived with her grandparents since she was two years old because of Mother’s alcohol abuse. Beth and Jeremiah had been placed in foster care because of Mother’s methamphetamine use. Mother’s rights to Beth and Jeremiah were terminated in February 2013. 3

Mother began using methamphetamine when she was sixteen or seventeen years old. Mother believed her addiction to methamphetamine began after two to three years of use. Mother smoked methamphetamine throughout her entire pregnancy with Daniel. When Daniel was born on October 14, 2012, Mother and Daniel each tested positive for methamphetamine. On October 15, 2012, the Department filed a petition requesting emergency protective orders, temporary managing conservator-ship, and termination of both parents’ parental rights. The trial court entered an ex parte order for protection naming the Department as the temporary sole managing conservator of Daniel. When Daniel was ready to be released from the hospital, the Department placed Daniel in foster care. Daniel remained in foster care during the pendency of the case.

Mother testified that she was aware Daniel tested positive for methamphetamine at birth, and she attributed the positive test to her methamphetamine use during her pregnancy. Mother claimed she regretted using drugs during her pregnancy with Daniel and stated that if she could do things over again, she would not use drugs during her pregnancy. Even though Daniel was placed in foster care shortly after his birth in October 2012 because of Mother’s drug use, Mother was unable to stop using methamphetamine completely. Mother testified that even after her rights to Beth and Jeremiah were terminated in February 2013 because of her methamphetamine use, she continued to use methamphetamine. According to Mother, she quit using methamphetamine five months prior to the August 2013 termination trial in this case.

Mother agreed that her life had gone into a “downward spiral” since she started using methamphetamine and that her drug use led to the loss of her children. Mother testified she had never been in intensive drug treatment, but given her approximately sixteen to seventeen years of drug use, she conceded that she might need intensive drug treatment. Mother stated, however, that she had no current desire to go into drug treatment because she was clean and had not used drugs in the five months preceding trial. Mother could not recall the last time she had taken a drug test, but she admitted to refusing to take a drug test administered by the Department in April 2013 because the Department re *471 fused to allow Daniel’s father to see Daniel.

R.G. (Father) is Daniel’s alleged biological father, and Mother testified Father was also the father of her unborn child. Mother testified that she and Father were in a committed relationship. Because Father was incarcerated at the time of trial, he did not appear in person, but he appeared through his attorney. Mother further testified that Father also smoked methamphetamine and that Father obtained methamphetamine for her.

Mother admitted she did not participate in the parenting classes and the individual counseling required by the Department’s court-ordered service plan. To Mother’s knowledge, Father also did not participate in individual or family counseling or parenting classes. Mother testified that the Department conservatorship worker for Daniel asked her to participate in domestic violence classes, but she refused. Mother was confused as to why the classes were necessary because she and Father “didn’t really fight.” Mother also denied a history of family violence between her and Father.

Mother testified she did not attend school beyond the eighth grade and she is unable to read or write due to a learning disability, which makes it difficult for her to get and keep a job. Mother did not provide proof of employment required by the service plan because she claimed she could not work due to a head injury and brain surgery. Mother planned to apply for disability benefits if Daniel was returned to her. Mother had previously attempted to apply for disability benefits, but her addiction to methamphetamine prevented her from completing the process. Mother claimed that even though Father did not have a regular job because he suffered from seizures, he was able to make a living and provide for her by junking and scrapping.

The Department scheduled weekly, one-hour visitation sessions with Daniel for Mother and Father. Mother testified she was often late for visits because she woke up late and had transportation difficulties. Mother stated she was asked by the Department to be early for her visitation sessions to ensure that she would be there before Daniel would be brought to the visit.

Mother testified that she loved Daniel, that Daniel recognized her as his mother, and that she was willing to do whatever it took to get him back, including inpatient drug treatment. Mother testified that she was in love with Father. When asked if her relationship with Father should end in the best interest of Daniel, Mother responded, “I don’t know. If it could, yeah. Yeah, I would do anything for [Daniel].” Mother thought she could stay clean around Father, but she was not sure.

Tonyia Brown, the Department conser-vatorship worker for Daniel, testified that Daniel was removed because he tested positive for methamphetamine at birth. Mother admitted to Brown that Mother continued to use methamphetamine during this case. Mother last admitted methamphetamine use to Brown on April 9, 2013. Brown further testified that each time she had Father drug tested, he tested positive for methamphetamine.

Brown testified she developed the service plan for Mother and Father. Brown testified that neither Mother nor Father completed the drug and alcohol assessment, individual counseling, or family counseling required by the plan. Brown confirmed that Mother had not participated in the domestic violence counseling required by the plan and testified that Father had not participated in the batterer’s intervention required by the plan. She also stated that the parents did not pro *472

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in the Interest of D.D.G., a Child, 423 S.W.3d 468, 2014 WL 252090, 2014 Tex. App. LEXIS 790 (Tex. Ct. App. 2014).

423 S.W.3d 468 (in the Interest of D.D.G., a Child) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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