In the Interest of J.G and O.G., Children v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMarch 27, 2024
Docket04-23-00879-CV
StatusPublished

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Bluebook
In the Interest of J.G and O.G., Children v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-23-00879-CV

IN THE INTEREST OF J.G. and O.G., Children

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-00949 Honorable Raul Perales, Judge Presiding

Opinion by: Irene Rios, Justice

Sitting: Irene Rios, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: March 27, 2024

AFFIRMED

Appellants Father and Mother appeal the trial court’s order terminating their parental rights

to their children, J.G. and O.G. 1 Father and Mother challenge the sufficiency of the evidence

supporting the trial court’s finding that termination was in the children’s best interests. We affirm.

BACKGROUND

The Department of Family and Protective Services (“the Department”) became involved

in the underlying case in February 2022, when the Department received a referral alleging Mother

was abusing illegal drugs. The children remained in the home while the family participated in

family-based safety services (“family-based services”). However, Father did not engage in family-

1 To protect the identity of minor children in an appeal from an order terminating parental rights, we refer to the parents as “Father” and “Mother” and we refer to the children using their initials or as “the children.” See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2). 04-23-00879-CV

based services, and the Department received another referral in May 2022 alleging domestic

violence in the home after Father was arrested for aggravated assault on a member of Mother’s

family.

On June 14, 2022, the Department filed a petition seeking temporary managing

conservatorship of the children and termination of Father’s and Mother’s parental rights. On

August 30, 2023, the trial court held a bench trial. The trial court heard testimony from: Tilisa

Fields, the Department’s caseworker; Mother; and Father.

On September 5, 2023, the trial court signed an order terminating Father’s and Mother’s

parental rights to the children. The trial court terminated Father’s and Mother’s parental rights

based on statutory grounds (E), (O), and (P) in subsection 161.001(b)(1) of the Texas Family Code.

See TEX. FAM. CODE ANN. §§ 161.001(b)(1)(E), (O), (P). The trial court also found it was in the

children’s best interests to terminate Father’s and Mother’s parental rights. See id.

§ 161.001(b)(2). Father and Mother appeal.

STATUTORY REQUIREMENTS AND STANDARD OF REVIEW

To terminate parental rights pursuant to section 161.001 of the Texas Family Code, the

Department has the burden to prove by clear and convincing evidence: (1) one of the predicate

grounds in subsection 161.001(b)(1); and (2) that termination is in the best interest of the child.

TEX. FAM. CODE ANN. § 161.001(b). Clear and convincing evidence requires “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. § 101.007.

When reviewing the sufficiency of the evidence, we apply well-established standards of

review. See id. §§ 101.007, 161.206(a); In re H.R.M., 209 S.W.3d 105, 108 (Tex. 2006)

(conducting a factual sufficiency review); In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005)

(conducting a legal sufficiency review).

-2- 04-23-00879-CV

“In reviewing the legal sufficiency of the evidence to support the termination of parental

rights, we must ‘look at all the evidence in the light most favorable to the finding to determine

whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was

true.’” In re J.L.B., No. 04-17-00364-CV, 2017 WL 4942855, at *2 (Tex. App.—San Antonio

Nov. 1, 2017, pet. denied) (mem. op.) (quoting In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002)).

“[A] reviewing court must assume that the factfinder resolved disputed facts in favor of its finding

if a reasonable factfinder could do so.” J.F.C., 96 S.W.3d at 266. “A corollary to this requirement

is that a [reviewing] court should disregard all evidence that a reasonable factfinder could have

disbelieved or found to have been incredible.” Id.

“In reviewing the factual sufficiency of the evidence to support the termination of parental

rights, we ‘must give due consideration to evidence that the factfinder could reasonably have found

to be clear and convincing.’” J.L.B., 2017 WL 4942855, at *2 (quoting J.F.C., 96 S.W.3d at 266).

“A [reviewing court] should consider whether disputed evidence is such that a reasonable

factfinder could not have resolved that disputed evidence in favor of its finding.” J.F.C.,

96 S.W.3d at 266. “The [reviewing] court must hold the evidence to be factually insufficient if, in

light of the entire record, the disputed evidence contrary to the judgment is so significant that a

reasonable factfinder could not have resolved that disputed evidence in favor of the ultimate

finding.” In re M.T.C., No. 04-16-00548-CV, 2017 WL 603634, at *2 (Tex. App.—San Antonio

Feb. 15, 2017, no pet.) (mem. op.).

Further, in a bench trial, the trial court is the sole judge of the credibility of witnesses and

the weight to be given their testimony. HealthTronics, Inc. v. Lisa Laser USA, Inc., 382 S.W.3d

567, 582 (Tex. App.—Austin 2012, no pet.). This is because “the trial judge is best able to observe

and assess the witnesses’ demeanor and credibility, and to sense the ‘forces, powers, and

influences’ that may not be apparent from merely reading the record on appeal.” Coburn v.

-3- 04-23-00879-CV

Moreland, 433 S.W.3d 809, 823 (Tex. App.—Austin 2014, no pet.) (quoting In re A.L.E.,

279 S.W.3d 424, 427 (Tex. App.—Houston [14th Dist.] 2009, no pet.)). We, therefore, defer to

the trial court’s judgment regarding credibility determinations. Coburn, 433 S.W.3d at 823–24.

BEST INTEREST

Father and Mother argue the evidence is legally and factually insufficient to support a

finding that termination of their parental rights is in the children’s best interests.

When considering the best interest of a child, we recognize the existence of a strong

presumption that the child’s best interest is served by preserving the parent-child relationship. In

re R.R., 209 S.W.3d 112, 116 (Tex. 2006). However, we also presume that prompt and permanent

placement of the child in a safe environment is in the child’s best interest. TEX. FAM. CODE ANN.

§ 263.307(a).

In determining whether a parent is willing and able to provide the child with a safe

environment, we consider the factors set forth in section 263.307(b) of the Texas Family Code. 2

2 These factors include:

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