In the Interest of J.O.C.

47 S.W.3d 108, 2001 Tex. App. LEXIS 2711
CourtCourt of Appeals of Texas
DecidedApril 25, 2001
DocketNo. 10-00-185-CV
StatusPublished
Cited by125 cases

This text of 47 S.W.3d 108 (In the Interest of J.O.C.) 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.O.C., 47 S.W.3d 108, 2001 Tex. App. LEXIS 2711 (Tex. Ct. App. 2001).

Opinion

OPINION

GRAY, Justice.

Following a jury trial, the trial court terminated the parental rights of Stephanie Lanier and James Cox to their son, J.O.C. Only Stephanie appeals this decision, claiming that:

1. The court abused its discretion in admitting the evidence regarding events after the release of the child to foster care.
2. The court abused its discretion in denying Stephanie’s motion for directed verdict.
3. The evidence is legally insufficient to support an involuntary termination of her parental rights.
4. The court abused its discretion in denying Stephanie’s motion for judgment notwithstanding the verdict and her motion for new trial.

We affirm the decision of the trial court.

FACTUAL BACKGROUND

Seventeen year-old Stephanie gave birth to J.O.C. in Mexia, Texas. The father of the child, James Cox, was Stephanie’s thirty year-old boyfriend. He initially denied paternity, but DNA tests later proved otherwise. The baby was born two months premature with respiratory complications and a yeast infection that had spread to his blood stream. Because of his critical condition, J.O.C. was immediately transferred to Hillcrest Hospital in Waco, Texas.

Hospital personnel contacted Child Protective Services a month and a half later to report that Stephanie had only visited her baby twice since his birth, in spite of the hospital’s offer to provide room, board, and transportation to Waco. Child Protective Services located Stephanie about two [111]*111weeks later, and the caseworker explained the importance of Stephanie visiting her child and the possible consequences of her failure to learn to care for his special needs. The consequences discussed specifically included removal of her child. Stephanie visited the child the next day, but did not visit again while the child was in the hospital.

When the hospital was ready to release the child, the staff did not feel it would be safe to release him into Stephanie’s care because she had not learned to cope with his feeding difficulties, breathing problems, and other medical conditions. Child Protective Services filed suit, took custody of the child, and placed him in foster care. Weekly visits were scheduled for both parents. Stephanie showed up for about half of her visits; Cox did not visit at all. After more than a year, the caseworker for Child Protective Services felt that Stephanie was not bonding with the child and that she had made no progress with her parenting skills.

A jury trial was conducted to determine if termination was justified. At the trial, the State alleged two possible grounds for the termination of parental rights: (1) knowingly placing or allowing the child to remain in conditions or surroundings which endangered the physical or emotional well-being of the child, or (2) engaging in conduct or knowingly placing the child with persons who engage in conduct which endangered the physical or emotional well-being of the child. See Tex. Fam.Code. Akn. § 161.001(D), (E) (Vernon Supp. 1998). The State also alleged that it would be in J.O.C.’s best interest to terminate his parents’ rights. See Tex. Fam.Code Ann. § 161.001(2) (Vernon Supp.1998).

The court overruled Stephanie’s objection to admission of evidence regarding events after the release of the child to a foster home and allowed the jury to consider evidence of Stephanie’s attitude and medical care skills, her psychological and emotional history, and her mother’s history with Child Protective Services. The court also denied Stephanie’s motion for directed verdict. In response to the single question in the charge asking if the parent-child relationship between Stephanie and J.O.C. should be terminated, the jurors answered in the affirmative. The trial court denied Stephanie’s motion for judgment notwithstanding the verdict and entered a judgment terminating Stephanie’s parental rights. Stephanie did not attend the last day of the trial and offered several reasons for her absence-her mother was in the hospital, she had to babysit two siblings (who were in school at the time), and she could not find transportation. The court denied her motion for new trial.

TERMINATION OF PARENTAL RIGHTS

We recognize the gravity of the termination of parental rights and appreciate the possible effects of its finality. As we stated in J.M.T.:

The natural right existing between a parent and child is of constitutional dimension. The right to raise one’s child has been characterized by the United States Supreme Court as essential, as a basic civil right, and as a right far more precious than property rights. A termination decree is complete, final, irrevocable, and divests for all time that natural right as well as all legal rights, privileges, duties, and powers with respect to each other except for the child’s right to inherit. Termination is a drastic remedy and is of such weight and gravity that due process requires the petitioner to justify termination by “clear and convincing evidence .” (cites omitted).

[112]*112In re J.M.T., 39 S.W.3d 234, 237 (Tex. App.— Waco 1999, no pet.).

Because of the drastic nature of involuntary termination under the provisions of Section 161.001 of the Family Code, we require the petitioner to establish two elements, each by clear and convincing evidence. First, petitioner must prove a culpable act or omission on the part of the parent under the first subsection of the statute. Second, petitioner must prove that termination of the parent-child relationship is in the best interest of the child. Tex. Fam.Code Ann. § 161.001(1), (2) (Vernon Supp.1998). Proof of one element does not relieve the petitioner of the burden of proving the other. Holley v. Adams, 544 S.W.2d 367, 370 (Tex.1976). Clear and convincing evidence is defined as “that measure or degree of proof which 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.” Spangler v. Texas Dept. of Protective and Regulatory Services, 962 S.W.2d 253, 256 (Tex.App.—Waco 1998, no pet.).

STANDARD OF REVIEW: ADMISSION OF EVIDENCE

The admission or exclusion of evidence is within the trial court’s discretion. City of Brownsville v. Alvarado, 897 S.W.2d 750 (Tex.1995). A trial court abuses its discretion when it reaches a decision in an arbitrary or unreasonable manner or without reference to any guiding rules or principles. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985). We may not reverse a trial court’s decision simply because we disagree with it. See id. at 242.

APPLICATION OF LAW: ADMISSION OF EVIDENCE

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Bluebook (online)
47 S.W.3d 108, 2001 Tex. App. LEXIS 2711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-joc-texapp-2001.