In the Interest of J.M.

156 S.W.3d 696, 2005 Tex. App. LEXIS 1562
CourtCourt of Appeals of Texas
DecidedFebruary 28, 2005
DocketNo. 05-04-00306-CV
StatusPublished
Cited by73 cases

This text of 156 S.W.3d 696 (In the Interest of J.M.) 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.M., 156 S.W.3d 696, 2005 Tex. App. LEXIS 1562 (Tex. Ct. App. 2005).

Opinion

OPINION

Opinion by

Justice FITZGERALD.

M.M. (Father) appeals the trial court’s judgment terminating his parental rights to his children, J.M. and L.M. Father brings two issues on appeal asserting (1) the State was equitably estopped from terminating his parental rights and (2) the evidence was legally and factually insufficient to show that termination was in the children’s best interest. We affirm the trial court’s judgment.

FACTUAL BACKGROUND

J.G. (Mother) met Father when she was fourteen years old and working for Father and his first wife. Father was convicted in 1995 of assaulting his first wife, and they subsequently divorced. Father and Mother married in 1998, when she was eighteen years old and Father was thirty-eight. In 2000, Mother gave birth to their first child, J.M. When Mother became pregnant with their second child, L.M., born in 2002, Father took Mother and J.M. to Jordan to be with his family and to give birth to L.M. Father returned from Jordan several weeks before Mother. Mother returned sometime before August 2002.

Mother had been subject to drug addiction from an early age. She first used illegal drugs at age ten, and she has used them off and on throughout her life. She completed a drug-treatment program when she was thirteen, but she started using drugs again when she was fifteen or sixteen. She testified she never used illegal drugs in front of Father. She also used barbiturates, first prescribed after an auto accident when she was fourteen.

On August 6, 2002, Mother called the Richardson Police Department to get information about getting help because of Father’s béating her. Officer Andrew Kviz spoke to Mother on the telephone, and he testified she sounded distraught, as if she had been crying for a while. Mother told Kviz her husband had assaulted her, giving her two black eyes, and that he made her keep her hands by her side while he assaulted her. Mother told Kviz she did not want the police coming to the house because she would be beaten in retaliation. Kviz gave Mother the telephone numbers for shelters and organizations that could help her, and he urged her to call them. Mother told Kviz she could not leave her husband because she could not support herself or her children without him. After hanging up, Kviz checked the telephone number from the call, and he noticed there had been several previous “alarm calls” to that address. Kviz dispatched officer Mike Kincy to the address to perform a “welfare check.” Mother told Kincy that her husband had assaulted her and made her keep her arms down while he hit her across the arms. Kincy observed that Mother had two black eyes, which she had tried to hide with make-up and sunglasses, but he could not tell if her arms were bruised. Based on Kincy’s report, Kviz filed a report that was forwarded to the' district attorney’s office.

On August 15, 2002, the Collin County branch of the Texas Department of Protective and Regulatory Services (the Department) received a referral, alleging that the previous week, Father had beaten Mother, been arrested, and was barred from the house for sixty days; that Mother was depressed, using drugs, and neglecting the children; and that the house was filthy.

[699]*699On August 23, 2002, the Department’s investigator Brenda Smith went to the house to investigate. Smith learned there had previously been three “service” calls to the house for domestic violence. August 23, 2002 was a hot day, and the electricity was out in the neighborhood. Inside, the house was filthy. There were a few dirty diapers on the floor, including one in the children’s bedroom. A “sippy cup” with juice in it had mold on the juice and mold growing around the mouthpiece. The kitchen floor was sticky, and the kitchen smelled of garbage. There were dirty dishes piled high in the sink. The refrigerator was “unclean,” and there was a bottle of spoiled milk in the refrigerator. There were flies inside the house and gnats flying around the overflowing garbage bin. There were several Advil pills on the floor as well as other small items that could choke a child. The bathroom door was open, and used feminine hygiene products were on the floor. In the children’s bedroom, the bedding smelled of urine, there were clothes piled on the floor, and toys were piled precariously in the closet such that they could easily fall and hurt a child. The master bedroom was also in disarray, with feces smeared on the floor. The children were very dirty and smelled bad, and their diapers were soiled and cold. L.M. had a rash around his rectum typical of a child left sitting in his feces for long periods of time. Smith pointed out to Mother a broken lighter that lay in a pool of lighter fluid, and Mother scolded J.M. for the mess, yelling very loudly.

Smith asked Mother how the house had gotten into this condition, and Mother blamed J.M., stating she could not control him. Smith saw welts on Mother’s neck and arms, and Mother told her she had been beaten up by a woman in a store parking lot. While Smith was there, Mother placed L.M. in his crib, gave him a bottle of milk, and left him unattended. Smith took the bottle from L.M., examined the contents, and noticed the milk in it was spoiled. Smith called her supervisor and arranged for the children’s removal to foster care that day. After removal, the children also received a medical examination in which J.M. tested positive for cocaine.

Smith talked to Mother and Father a few days later. Mother told her she had used cocaine and marijuana about three days before the children were removed. Mother told Smith she heeded the cocaine to give her energy because she was tired, but she told Smith she did not bring the cocaine into the house. When Smith talked to Father, he appeared surprised that Mother was using drugs, and he denied having abused either Mother or his first wife. Father also told Smith that the house was not in that condition before he was barred from the house.

Rhyan Wilhelms, who lived across the street from Father and Mother, testified she had known Mother for about three to four weeks before the children’s removal. Before the protective order barred Father from the house, Wilhelms would help Mother clean the house, and it would be clean when Father got home. However, the next afternoon, the house would be dirty again. Wilhelms testified that the condition of the house got substantially worse after Father was barred. Wilhelms spent a lot of time cleaning the night before Smith’s visit, and when Smith arrived at the house, she had already spent a few hours that day cleaning the house.

Mother’s aunt, Eva Meinhardt, testified that when Father, Mother, and J.M. went to Jordan before L.M.’s birth, the house was immaculate. However, Mother told Meinhardt that when Father returned from Jordan before her, he did nothing to keep the house clean; he did not take out [700]*700the garbage or do laundry, and the house was “completely destroyed” when Mother returned.

Meinhardt also testified that Mother told her Father first struck her during an argument when J.M. was about a year old. Mother told Meinhardt that it was her, Mother’s, fault and that it would not happen again. However, Meinhardt testified that Father continued to beat Mother and that the beatings grew worse as the relationship progressed. On one occasion, Me-inhardt saw Mother bruised from fighting with Father, and Mother had a miscarriage shortly thereafter.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Interest of S.N.B v. the State of Texas
Court of Appeals of Texas, 2023
in the Interest of L.G., a Child
Court of Appeals of Texas, 2019
in the Interest of K.K., a Child
Court of Appeals of Texas, 2019

Cite This Page — Counsel Stack

Bluebook (online)
156 S.W.3d 696, 2005 Tex. App. LEXIS 1562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jm-texapp-2005.