In the Interest of D.D.J.-C. and N.M.C.-J., Children v. the State of Texas

Court of Appeals of Texas·Decided February 4, 2025·No. 07-24-00245-CV·Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00245-CV

IN THE INTEREST OF D.D.J.-C. AND N.M.C.-J., CHILDREN

On Appeal from the 287th District Court Parmer County, Texas Trial Court No. 11728, Honorable Kathryn H. Gurley, Presiding

February 4, 2025 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Appellant M.J.-C. appeals the trial court’s termination of her parent-child

relationship with her children, D.D.J.-C. and N.M.C.-J.1 Mother raises the following

issues: (1) the evidence was insufficient to support a judgment of termination under

section 161.001(b)(1)(D) of the Texas Family Code; and (2) the evidence was insufficient

to support a judgment of termination under section 161.001(b)(1)(Q) of the Texas Family

Code. We reverse.

1 To protect the privacy of the parties, we refer to the children by their initials and to Appellant as

“Mother.” See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b). BACKGROUND

In July 2022, the Texas Department of Family and Protectives Services (the

“Department”) received an intake stating Mother had been arrested and there were no

appropriate caregivers for her children. Mother was arrested by federal authorities for

harboring illegal aliens in her home,2 none of whom were related to her children. The

Federal Bureau of Investigation informed the Department it intended to charge Mother

with a felony and then deport her upon her conviction due to her lack of legal status. In

November of 2022, Mother pleaded guilty to one count of the indictment. In March of

2023, she was sentenced to twenty-four months’ imprisonment. Before Mother’s

sentence was completed, she was transferred to Immigration and Customs Enforcement

for deportation.

The Department petitioned the trial court for conservatorship of the children and to

terminate Mother’s parent-child relationship with them. The final hearing was held in May

2024 after several delays. After conducting a hearing in which Mother appeared remotely

from an ICE detention center by phone call, the presiding associate judge found by clear

and convincing evidence grounds for termination existed under Texas Family Code

subsections 161.001(b)(1)(D), (E), (O), and (Q).3 She also found that termination was in

the best interest of the children under § 161.001(b)(2). Mother requested a de novo

hearing with the trial court, and during the pendency of the hearing, she was deported to

Guatemala. The trial court reviewed the record and held a de novo hearing and

2 See 8 U.S.C. § 1324(a)(1)(A)(iii), (a)(1)(B)(ii).

3 Further references to provisions of the Texas Family Code will be by reference to “section __” or

“§ __.” 2 determined the basis for termination of Mother’s rights as subsections (b)(1)(D) and (Q).

It also found that termination was in the best interest of the children.4 The trial court

appointed the Department as the permanent managing conservator of the children.

APPLICABLE LAW

The Texas Family Code permits a court to terminate the relationship between a

parent and a child if the Department establishes one or more acts or omissions

enumerated under section 161.001(b)(1) of the Code and that termination of that

relationship is in the best interest of the child. See § 161.001(b)(1), (2); Holley v. Adams,

544 S.W.2d 367, 370 (Tex. 1976). The Due Process Clause of the United States

Constitution and section 161.001 of the Texas Family Code require application of the

heightened standard of clear and convincing evidence in cases involving involuntary

termination of parental rights. See In re E.N.C., 384 S.W.3d 796, 802 (Tex. 2012); In re

J.F.C., 96 S.W.3d 256, 263 (Tex. 2002); see also § 161.206(a). “‘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.”

§ 101.007. Only one statutory ground is needed to support termination, though the trial

court must also find that termination is in a child’s best interest. In re K.C.B., 280 S.W.3d

888, 894–95 (Tex. App.—Amarillo 2009, pet. denied).

STANDARD OF REVIEW

In a legal sufficiency challenge, we credit evidence that supports the judgment if a

reasonable factfinder could have done so and disregard contrary evidence unless a

4 The fathers’ parental rights were also terminated by the trial court. They have not appealed. 3 reasonable factfinder could not have done so. In re K.M.L., 443 S.W.3d 101, 112–13

(Tex. 2014). However, the reviewing court should not disregard undisputed facts that do

not support the verdict to determine whether there is clear and convincing evidence. Id.

at 113. In cases requiring clear and convincing evidence, even evidence that does more

than raise surmise and suspicion will not suffice unless that evidence is capable of

producing a firm belief or conviction that the allegation is true. Id. If, after conducting a

legal sufficiency review, a court determines that no reasonable factfinder could form a

firm belief or conviction that the matter that must be proven is true, then the evidence is

legally insufficient. Id. (citing In re J.F.C., 96 S.W.3d at 266).

In a factual sufficiency review, a court of appeals must give due consideration to

evidence that the factfinder could reasonably have found to be clear and convincing. In

re J.F.C., 96 S.W.3d at 266 (citing In re C.H., 89 S.W.3d 17, 25 (Tex. 2002)). We must

determine whether the evidence is such that a factfinder could reasonably form a firm

belief or conviction about the truth of the Department’s allegations. Id. We consider

whether disputed evidence is such that a reasonable factfinder could not have resolved

that disputed evidence in favor of its finding. Id. If, in light of the entire record, the

disputed evidence that a reasonable factfinder could not have credited in favor of the

finding is so significant that a factfinder could not reasonably have formed a firm belief or

conviction, then the evidence is factually insufficient. Id.

4 ANALYSIS

Issue One: Evidence Supporting Termination under Subsection (D)

In her first issue, Mother contends there was legally and factually insufficient

evidence to support the termination of her parental rights under subsection (D), which

provides:

The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence . . . that the parent has . . . knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child[.]

§ 161.001(b)(1)(D). Subsection (D) focuses on the children’s surroundings and

environment, and termination under this subsection requires that the children’s

environment was endangering to their physical or emotional well-being. In re N.M.L., No.

07-17-00310-CV, 2018 Tex. App. LEXIS 607, at *11 (Tex. App.—Amarillo Jan. 19, 2018,

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