In the Interest of L.D.W., K.A.W., and K.L.C., Children v. the State of Texas

Court of Appeals of Texas·Decided April 19, 2024·No. 06-23-00097-CV·Published

Opinion

In the

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-23-00097-CV

IN THE INTEREST OF L.D.W., K.A.W., AND K.L.C., CHILDREN

On Appeal from the 6th District Court Red River County, Texas

Trial Court No. CV05346

Before Stevens, C.J., van Cleef and Rambin, JJ.

Memorandum Opinion by Chief Justice Stevens

MEMORANDUM OPINION

On the petition of the Texas Department of Family and Protective Services, the trial court terminated the parental rights of Mother to her children, L.D.W., K.A.W., and K.L.C.,1 based on statutory grounds O and P and its finding that termination was in the best interests of the children.2 See TEX. FAM. CODE ANN. § 161.001(b)(1)(O), (P), (2) (Supp.). The trial court also terminated the parental rights of Father to his children, K.A.W. and K.L.C., based on statutory grounds P and Q and its finding that termination was in the best interests of the children. See TEX. FAM. CODE ANN. § 161.001(b)(1)(P), (Q), (2) (Supp.). Mother and Father appeal the termination of their parental rights and assert that the evidence was legally and factually insufficient to support the findings of the statutory grounds of termination. Because the evidence was legally insufficient to support the termination of Mother’s rights under statutory grounds O and P, we reverse the trial court’s judgment in part, and we render judgment vacating those portions of the trial court’s order of termination relating to the termination of Mother’s parental rights. Because legally and factually sufficient evidence supports termination of Father’s parental rights under statutory ground Q, we affirm the remainder of the trial court’s judgment. I. Background The Department removed the children from Mother’s care in May 2022, when they were found living in a U-Haul van with Mother and her partner and Mother admitted to recently testing positive for methamphetamine. The children were placed in Father’s care while the

1 In order to protect the privacy of the children, we refer to them by their initials and refer to their biological parents as Mother and Father. See TEX. R. APP. P. 9.8(b)(2). 2 The parental rights of the alleged father of L.D.W. were also terminated, but he does not appeal.

Department investigated the children’s safety. During the investigation, the Department had difficulty contacting Father regularly, and Father gave misleading information regarding the care of the children.

On September 6, 2022, Father left L.D.W. in the care of the child’s adult sibling while he went to work, even though he had been instructed not to leave them with her because of her use of illegal drugs. A few hours later, L.D.W., who was five years old at the time, was found walking alone along Highway 37. When Father was interviewed later that day, he admitted using methamphetamine four days earlier. He also tested positive for methamphetamine and amphetamine. The Department also discovered that the children had been regularly left in the care of Mother, even though Father was instructed not to leave them unsupervised in the care of Mother.3 The Department removed the children from their parents’ care, and subsequently filed a petition for protection, conservatorship, and termination, which sought, among other things, temporary managing conservatorship of the children and termination of the parental rights of Mother, Father, and an alleged father.

At the short final hearing held on December 11, 2023,4 Candacy Shupe, a caseworker for the Department, testified that, to her knowledge, Mother had not participated in a service plan, and Shupe agreed that Mother had not “done anything [she was] supposed to do.” She also testified that the Department sought termination of Mother’s parental rights because of her failure to work the service plan and her substance use. However, she also testified that Mother

3 In December 2021, Mother and her newborn tested positive for methamphetamine shortly after the baby’s birth. The child was removed from Mother’s care, and the Department’s case involving Mother and the baby was active in Lamar County at the time of the removal of the children in this case. 4 The testimony at the final hearing consists of slightly more than forty-six pages in the reporter’s record.

had not been served with citation until July 21, 2023. Shupe testified that Mother had been asked to drug test in Rockport at some time after she was served and that, on October 17, Shupe sent her a text message asking her to submit to a drug test but received no response. She also admitted that Mother had not been drug tested during this case.

Regarding the service plan, Shupe testified that, from July until the time of the hearing, she had asked Mother to do services but did not specify what services she asked her to do. She averred that Mother was sent a copy of the service plan at an address in either Aransas Pass or Rockport. Although Mother attended a hearing in August, Shupe testified that she did not give her a copy of the service plan that day. She also testified that Mother had not signed the service plan. Shupe also testified that Mother had not contacted her regarding completing services and that she had not had any meaningful conversation with Mother about Mother coming to her office for what she had to do to take care of her children. Clint Hocutt, with Court Appointed Special Advocates, also testified that Mother had not reached out to him to get services or to find out what she needed to do to have the children returned.

Shupe testified that the Department sought to terminate Father’s parental rights based on incarceration and drug use. She also testified that the children tested positive for methamphetamine and that they were exposed to the drug at the house of Father’s daughter.5 Shupe testified that Father had been told that he was not to let his daughter watch the children because of her use of marihuana and methamphetamine, but he left the children with her on September 6.

5 The person referred to as the daughter of Father appears to be the same person referred to as the children’s adult sibling.

The evidence shows that, during this case, Father was convicted of endangering each of the children. Certified judgments of those convictions showed that Father was convicted on June 12, 2023, of one count of second-degree-felony endangering a child and three counts of state-jail-felony endangering a child.

Father was sentenced to eight years’ imprisonment for the second-degree felony and to eighteen month’s confinement for each of the state-jail felonies, with the sentences to run concurrently.

Father admitted that he pled guilty to the child endangerment charges because the children tested positive for methamphetamine. Although he was incarcerated and did not know when he would be paroled, he testified that he could be coming before the parole board in March and that he would become parole eligible at any time after March. Mother did not testify at trial.

After the hearing, the trial court entered its order terminating the parental rights of Mother to the children, terminating the parental rights of Father to K.A.W. and K.L.C., and appointing the Department as permanent managing conservator of the children. On appeal, Mother and Father challenge the termination of their parental rights. II. Standard of Review “The natural right existing between parents and their children is of constitutional dimensions.” In re E.J.Z., 547 S.W.3d 339, 343 (Tex. App.—Texarkana 2018, no pet.) (quoting Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985)). “Both [the Texas Supreme] Court and the Supreme Court of the United States have long recognized the fundamental right of parents to make decisions concerning the care, custody, and control of their children.” In re R.J.G., 681

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In the Interest of L.D.W., K.A.W., and K.L.C., Children v. the State of Texas, (Tex. Ct. App. 2024).

In the Interest of L.D.W., K.A.W., and K.L.C., Children v. the State of Texas (In the Interest of L.D.W., K.A.W., and K.L.C., Children v. the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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