In the Interest of M.L.R-U.

517 S.W.3d 228, 2017 WL 1089808, 2017 Tex. App. LEXIS 2454
CourtCourt of Appeals of Texas
DecidedMarch 23, 2017
DocketNo. 06-16-00088-CV
StatusPublished
Cited by12 cases

This text of 517 S.W.3d 228 (In the Interest of M.L.R-U.) 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 M.L.R-U., 517 S.W.3d 228, 2017 WL 1089808, 2017 Tex. App. LEXIS 2454 (Tex. Ct. App. 2017).

Opinion

OPINION

Opinion by

Justice Burgess

In a suit brought by the Texas Department of Family and Protective Services (the Department), the trial court terminated Sadie’s parental rights to her three children, M.R., M.T., and G.U.1 In her sole point of error, Sadie argues that there was insufficient evidence to support the trial court’s termination order. For the reasons below, we affirm the trial court’s judgment.

1. Sufficient Evidence Exists to Support Termination of Sadie’s Parental Rights.

A. The Evidence

On January 24, 2015, Russell Thompson, a night response worker for the Department, was dispatched to the home of the children’s aunt for an investigation on a complaint of neglectful supervision.2 Thompson testified that when he arrived at the residence, Sadie informed him that she and her three children resided in the home, along with two other adults and three other children, all of whom were family members. Thompson described the residence as a “substandard,” “wood-framed[,] storage[-]shed building.” Thompson immediately noticed that there was no electricity in the residence and that the inside of the house was very cold. Sadie informed Thompson that the residence had been without electricity for two weeks.

When Thompson entered the kitchen area, he noticed that there was no refrigerator. He was told, however, that the refrigerator was located on the porch. Thompson testified that there was no food in the kitchen, but that he observed food for the family dog. Sadie explained to Thompson that there had been no food in the home for an indefinite period of time. Thompson observed a love seat in the living area, but noted that there were no beds in the home. Sadie informed Thomp[231]*231son that the children slept in a “pack-and-play.” Thompson stated that the front yard was “bare dirt” and “looked like it was more of a parking area.” Sadie informed Thompson that she did not work -and that she was not receiving child support from any of the children’s fathers.

Thompson testified that Sadie was uncooperative and that “it was like pulling teeth to get any kind of answer out of her at all.” He stated that the adults in the residence were “very resistive,” but that he “get[s] that a lot and that’s neither here nor there.” Thompson was unable to move the children to a more appropriate place because Sadie and another adult on the premises removed the children while Thompson was speaking to the children’s aunt.

Carla Delagado, a Department investigator, testified that she also visited the residence in January. When she arrived at the home, three adults were present, but the children were not in the home. Delaga-do stated, “There was no utilities. There was, really, nothing working. No heater, no beds. There was only a couch in the living room.” Based on what she observed, Dela-gado testified that the residence was- an inappropriate place for children. Sadie informed Delagado that the children had been staying with her brother, Daniel, since the initial report had been made. Upon learning of the children’s whereabouts, Delagado proceeded with a parental child-safety placement, which meant she would be formally placing the children with the brother3 in order to allow Sadie “to be working some services.”

Delagado stated that around February 4,'Daniel sent a text message to her informing her that he was in the process of placing the children back with Sadie because the utilities at the home were working and because there was adequate food for the children. Upon receiving his message, Delagado went back to the home in which Sadie had been residing in order to verify Daniel’s representations. When De-lagado arrived, she found that the utilities were working, there was a playpen for the youngest child, and “a place for the older kids. They had one bed, which both of them could fit in that same bed.” Delagado also noted that there was food in the home for the children. Sadie informed Delagado that her mother and father had provided her with money to pay for the food and utilities. At that time, Delagado was advised to leave the children in the home and to request a family-team meeting since Sadie’s mother and father were now involved in the situation.

Shortly after Delagado’s visit, the parties appeared for the family-team meeting, and a “safety plan” was created for Sadie and the children. Sadie’s mother agreed to pay the necessary bills, and Sadie agreed to search for employment. Based on the home visits, the Department deemed the allegation of physical neglect to be “valid”; however, because of assurances made at the family-team meeting, the case was closed.

On October 22, 2015, Tabetha Sims, an investigator for the Department, was dispatched to the residence where Sadie and the children were residing.4 Upon entry into the residence, Sims observed a single light on in the kitchen, but noticed that none of the other lights were working. Sims later determined that the working light was attached to an extension cord [232]*232that led outside of the house. Sims observed an odor in the home, and when she lifted the lid of the toilet, she "observed an abundance of feces and urine.” Sims also found that there was no running water available in the residence. Sims stated that this type of living environment could be a hazard to young children.5 Sims observed opened cans on the kitchen counter, which contained “jagged edges all the way around.” Sims testified that there was only one twin bed in the entire home and that thirteen people were currently living there. Sadie informed Sims that she and her three children slept in the twin bed.

Sims stated that all of the occupants, including Sadie, acted in a “[hjostile” manner toward her. Sims asked Sadie to provide her name and date of birth, but she refused to do so. Sims testified that other than cursing and screaming at her, Sadie refused to talk to her; however, Sadie did eventually provide the children’s names and dates of birth. Based on what she had observed and after speaking to her supervisor and the program director, Sims proceeded with an emergency removal notice, which allowed the Department to take temporary custody of the children.

When Sims attempted to issue the removal notice, Sadie left with one of the children, but law enforcement officers quickly convinced her to return to the property. When she returned, Sadie was belligerent, combative, and refused to sign any paperwork, but she agreed to come to the Department with the children. Sims testified that Sadie and the other adults in the home were referring to Sims as “a dyke and a lesbian” and that they informed the children that Sims “was going to rape them and molest them and possibly kill them.”6 On cross-examination, Sims testified that when she visited Sadie’s residence, the children were not in need of medical care. Sims agreed that there had been food in the kitchen cabinets at the time of her visit.7 Sims also stated that she did not believe the children were malnourished to the point of requiring the care of a physician.

Christina Arbogast, a caseworker for the Department, was assigned to Sadie’s case on March 18, 2016. When Arbogast initially received Sadie’s case, she questioned whether her parental rights should be terminated. Arbogast stated,

[Sadie] had worked through her services.[8

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Bluebook (online)
517 S.W.3d 228, 2017 WL 1089808, 2017 Tex. App. LEXIS 2454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mlr-u-texapp-2017.