In the Interest of J.H.

486 S.W.3d 190, 2016 Tex. App. LEXIS 2719, 2016 WL 1042980
CourtCourt of Appeals of Texas
DecidedMarch 16, 2016
DocketNo. 05-15-01338-CV
StatusPublished
Cited by14 cases

This text of 486 S.W.3d 190 (In the Interest of J.H.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of J.H., 486 S.W.3d 190, 2016 Tex. App. LEXIS 2719, 2016 WL 1042980 (Tex. Ct. App. 2016).

Opinion

OPINION

Opinion by

Justice Whitehill

Appellant F.G. (Mother) appeals the trial court’s order terminating her parental rights to her two children, J.H. and J.H, in connection with her plea bargain for deferred adjudication in a related child endangerment case. She raises two issues on appeal:

One, she argues that the trial court erred by denying her motion for new trial because she proved that her affidavit of voluntary relinquishment was procured by fraud or duress due to pressure from her related criminal case.

Two, she argues that the trial court’s finding that termination was in the children’s best interest was supported by legally and factually insufficient evidence because (i) her affidavit of relinquishment alone was not sufficient evidence, and (ii) the other evidence of the Holley1 factors was “bare-bones at best.”

As discussed below and based on the evidence before us, we conclude that the trial court did not abuse its discretion by determining that Mother’s agreement to relinquish her parental rights to her two children was voluntary and thus denying Mother’s motion for new trial. We also conclude that Mother’s issue attacking the best-interest finding is barred by family code § 161.211(c). Accordingly, we affirm the trial court’s judgment.

I. PROCEDURAL HISTORY

The Texas Department of Family and Protective Services on January 15, 2015, filed its original petition to terminate Mother’s parental rights to her children. The Department alleged that Mother has two sons, both of whose initials are J.H. The Department further alleged that the [193]*193older boy was then almost four and the younger boy was two years and two months old. The Department sought emergency orders, alleging that there was an immediate danger to the children’s physical health or safety.

According to the affidavits attached to the petition, the two boys were taken to Parkland Hospital with extensive burns a few days before the case was filed. According to one affiant, a caseworker for the Department’s Dallas County Child Protective Services Unit, Mother said she left the boys alone in the kitchen while she was cooking and they somehow spilled hot grease on themselves in her absence. Another caseworker affiant said that Mother admitted using marijuana the - day before the accident and methamphetamine a few weeks before the accident.

The petition sought several forms of relief, including emergency orders, temporary orders, and termination of the parental rights of both Mother and the children’s alleged, father, M.D.H. (Father).

The trial judge appointed the Department as the children’s temporary managing conservator. He also appointed an attorney ad litem for the children.

On January 23, 2015, the trial judge signed a temporary order (i) appointing Mother and Father as the children’s temporary possessory conservators, (ii) requiring them to participate in- various counseling services, and (iii) imposing other requirements on them, such as submission to random drug testing.

On February 12, 2015, the Department filed a status report stating that' the “primary goal” was family reunification and the “concurrent goal” was relative adoption. The report noted that Father had not been located and appeared to be evading the authorities, and it noted “continued concerns” that Mother was assisting him in his evasion.

Three months later, the Department filed a permanency plan and progress report. That report said that Mother had tested positive for marijuana and that Father was not- participating in services. The report further said that the “primary permanency goal” was relative adoption and that the “concurrent permanency goal” was unrelated adoption.

On August 19, 2015, a family service plan evaluation was filed. The evaluation said that on July 30, 2015, Mother was indicted for child endangerment related to the burn incident. The evaluation also said' that Mother and Father had admitted to a police1 detective that they were “coming down” from methamphetamine use when the children were burned. The evaluation said that Mother’s circumstances generally had not changed since January and that there would be a serious risk of future harm if the children were returned to her.

Two days later, the trial judge referred the case to mediation. The judge also set the case for trial on November 30, 2015.

The case was resolved on October 15, 2015. First, the case was mediated, and at the mediation Mother and Father each signed an irrevocable affidavit of voluntary relinquishment of parental rights. The affidavits stated that Mother and Father “freely, voluntarily, and permanently” relinquished their parental rights and duties.

Next, the affidavits were filed with the court, and the parties appeared before a visiting judge to accomplish terminating the parents’ rights. Mother testified that she had “pled out” her criminal case earlier in the day and that part of her plea agreement was to relinquish her parental rights. Mother, also testified, while weep-[194]*194mg, that she believed termination of her rights was in her children’s best interest.

Father also appeared and testified that he believed that his agreement to terminate his parental rights was in the children’s best interest-.

Additionally,' the CPS supervisor and the CASA volunteer both provided testimony supporting the finding that terminating Mother’s parental rights to her two children was in the children’s best interest.

Thereafter, Mother, Father, and the visiting judge all signed the final order terminating Mother’s and Father’s parental rights. The final order founcl by clear and convincing evidence that Mother and Father had executed affidavits of relinquishment of parental rights and that termination was in. the children’s best interest.

But two weeks later, on October 30, 2015, Mother filed a motion for new trial and to set aside her affidavit of voluntary relinquishment claiming that, her agreement to relinquish her parental rights was not voluntary. The presiding judge heard the motion on November 13, 2015, and orally denied it.

Mother timely filed her notice of appeal.

II. Analysis

A. Mother’s Issue One: Was the trial court’s denial of Mother’s motion for new trial, based on its finding that Mother voluntarily signed her relinquishment affidavit, an abuse of discretion?

1. Standard of Review.

Wq review the denial of a motion for new trial for abuse of discretion. In re A.H.J., No. 05-15-00501-CV, 2015 WL 5866256, at *5 (Tex.App.-Dallas Oct. 8, 2015, pet. denied). (mem.op.). “A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to any guiding rules or principles.” Walker v. Gutierrez, 111 S.W.3d 56, 62 (Tex.2003). “Under an abuse of discretion standard, the appellate court defers to the trial court’s factual determinations if they are supported by evidence, but reviews the trial court’s legal determinations de novo.” Stockton v. Offenbach, 336 S.W.3d 610, 615 (Tex.2011).

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Bluebook (online)
486 S.W.3d 190, 2016 Tex. App. LEXIS 2719, 2016 WL 1042980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jh-texapp-2016.