In the Interest of J.M.T.

519 S.W.3d 258, 2017 WL 1281428, 2017 Tex. App. LEXIS 3019
CourtCourt of Appeals of Texas
DecidedApril 6, 2017
DocketNO. 01-16-00940-CV
StatusPublished
Cited by160 cases

This text of 519 S.W.3d 258 (In the Interest of J.M.T.) 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.T., 519 S.W.3d 258, 2017 WL 1281428, 2017 Tex. App. LEXIS 3019 (Tex. Ct. App. 2017).

Opinions

OPINION

Laura Carter Higley, Justice

Following a bench trial, the trial court signed a judgment terminating the parent-child relationship between S.A.M. (“Father”) and his one-year-old daughter, J.M.T. On appeal, Father identifies four issues, asserting that the evidence was not legally or factually sufficient to support the trial court’s judgment. Because we hold that the evidence was legally and factually sufficient, we affirm.

[261]*261Background

On September 3, 2015, the Department of Family and Protective Services (“the Department”) filed suit, seeking to terminate Father’s parental rights to J.M.T. and to obtain sole managing conservatorship if family reunification could not be achieved. In the petition, the Department also sought temporary managing conservator-ship and requested emergency orders.

To support the request for emergency orders, the Department offered the affidavit of its investigator, J. Cash. In her affidavit, Cash testified that on September 2, 2015, the Department had received a referral regarding 12-day-old J.M.T., who was in the neonatal unit of a local hospital. J.M.T. had been born prematurely on August 21, 2015 but was ready to. be discharged from the hospital. The report had expressed concern that J.M.T.’s mother (“Mother”) could not care for J.M.T. because Mother was homeless and had not addressed her mental illness.

Cash’s affidavit indicated that her investigation of the referral- confirmed that Mother was homeless and had been unable to secure housing for J.M.T. upon the newborn’s discharge from the hospital. She also learned that Mother suffered from bipolar disorder and depression for which she had not received mental health treatment. Cash discovered that Mother also struggled with daily, tasks, such as grocery shopping, and may have an undiagnosed intellectual disability. In the affidavit, Cash also averred that Mother’s parental rights had been previously terminated to another daughter based on allegations that Mother had physically abused and neglected that child. Mother’s untreated mental illness and alcohol abuse had also been factors leading to the termination of her parental rights in that case.

Investigator Cash also learned of Father’s whereabouts from Mother. When contacted, Father told Cash that he was willing to care for J.M.T. However, Cash determined that Father was living in “a single room occupancy at New Hope Housing,” which was not a suitable living environment for J.M.T. In addition, Cash learned that Father had a “criminal history [dating] back to 1974, [which] included prison sentences for delivery of crack cocaine, unlawful carrying of a-weapon, robbery, possession of marijuana and obstruction/retaliation.”

Based on her investigation, Cash stated, “Due to [Mother’s] unknown mental health status and her 'inability to provide a safe and stable environment for her child, it is in the best interest of the child to be placed in protective, custody at this time. Despite the agency asking [Mother] for possible placement alternatives, there are no available, suitable relatives for placement at this time.”

On September 3, 2015, the trial court signed an emergency order for the protection of J.M.T. Following a full adversary hearing,, the trial court signed a temporary order on September 17, 2016, appointing the Department as J,M.T.’s -temporary managing conservator..

The trial court conducted a status hearing on October 29, 2015, attended by Father and his counsel. Following the hearing, the trial court signed a status hearing order, approving and incorporating by reference the Department’s' family service plan, making the service plan an order of the trial court.1 In the order, the trial court found that Father had reviewed the service plan, understood.it, and had signed it.

[262]*262The court-ordered service plan set out several tasks and services for Father to complete before unification with J.M.T. could occur. These tasks and services included the following: (1) participate in a psychosocial evaluation and follow all recommendations resulting from the evaluation; (2) refrain from engaging in any illegal and criminal activities; (3) complete an 8-week parenting class; (4) participate in a drug and alcohol assessment and follow all recommendations resulting from the assessment; (5) provide urine samples for random drug testing; (6) maintain safe and stable housing and provide the Department’s caseworker with proof of housing; (7) obtain regular employment and provide proof in the form of paycheck stubs to the caseworker. The family service plan also informed Father that its purpose was to assist him in providing a safe environment for J.M.T. The plan warned Father that if he was “unwilling or unable to provide [J.M.T.] with a safe environment, [his] parental ... rights may be restricted or terminated or [J.M.T.] may not be returned to you.”

The trial court held permanency hearings on February 11, 2016 and on June 8, 2016. The trial court signed orders following each hearing in which the court found that Father had “not demonstrated adequate and appropriate compliance with the service plan.”

The case was tried to the bench on November 1, 2016. At trial, the Department sought to terminate the parent-child relationship between Father and J.M.T.2 The Department offered the testimony of its caseworker, M. Thomas, who had been assigned to J.M.T.’s case since its inception. Thomas testified that, at the beginning of the ease, she made the necessary referrals to enable Father to complete the services required by the plan. At that time, Father had admitted to Thomas that he was using marijuana and cocaine. Thomas made a referral for Father to obtain a substance abuse assessment and to attend outpatient substance counseling. In addition, to learn to care for J.M.T., Thomas referred to Father to parenting classes and to individual counseling.

Thomas also testified that the trial court ordered that Father could not have visitation with J.M.T. until he had a negative drug test. The State offered Father’s urinalysis test results into evidence. The results showed that Father’s urinalysis results were positive for cocaine in September 2015 and were positive for cocaine and marijuana in October 2015. Father admitted at a court hearing in June 2016 that he had smoked marijuana laced with cocaine. His urinalysis test results that month were positive for alcohol, cocaine, and marijuana. Father tested positive for alcohol use in September 2016.

Father’s urinalysis test results were negative in February 2016 and in July 2016. Following these negative results, Father was requested to provide ham or fingernail samples for “zero tolerance” drug testing. Thomas testified that Father refused to provide the hair and nail samples. Thomas testified that Father never was permitted to visit J.M.T. during the entire pendency of the case due to his positive drug tests and his refusal to provide hair or fingernail samples.

Thomas further testified that Father failed to maintain contact with her during [263]*263periods of time while the case was pending. Thomas stated that she reviewed the service plan with Father on October 29, 2015, but then, she and Father had no contact until February 2016 when she made contact with Father at a court hearing. Thomas testified that, at that time, she had again discussed with Father what he needed to do under the family service plan.

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Cite This Page — Counsel Stack

Bluebook (online)
519 S.W.3d 258, 2017 WL 1281428, 2017 Tex. App. LEXIS 3019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jmt-texapp-2017.