In the Interest of M.T.

21 S.W.3d 925, 2000 Tex. App. LEXIS 5222
CourtCourt of Appeals of Texas
DecidedAugust 3, 2000
DocketNo. 09-99-333 CV
StatusPublished
Cited by34 cases

This text of 21 S.W.3d 925 (In the Interest of 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 M.T., 21 S.W.3d 925, 2000 Tex. App. LEXIS 5222 (Tex. Ct. App. 2000).

Opinion

OPINION

RONALD L. WALKER, Chief Justice.

The Texas Department of Protective and Regulatory Services appeals a decree granting the adoption of two minor children, M.T. and K.T., by their former foster parents, Rickey Lee Roberts and Carolyn Louise Roberts. The Department presents three issues on appeal. We affirm.

Issue one contends, “The trial court erred in granting the Roberts’ petition to intervene contrary to the requirements of § 102.003(2) of the Texas Family Code.” The Department instigated this litigation with the filing of the original suit affecting parent-child relationship on January 29, 1997. Eighteen months later, the Roberts filed their petition for intervention seeking to be named managing conservators of the children. After the parental rights of the natural parents were terminated, the Roberts filed a petition for adoption. The following day, the trial court denied the Department’s motion to strike the intervention.

The Department argues the Roberts lacked standing to intervene because they do not qualify under any of the categories listed in Section 102.003 of the Texas Family Code. See Tex. Fam.Code. Ann. § 102.003(a) (Vernon Supp.2000). There is a distinction between bringing an original suit and intervening in an existing suit. Section 102.003 states who may file an original suit affecting parent-child relationship. The Department filed the original suit in which the Roberts intervened. The Family Code provides that the court may grant leave to intervene to any person deemed by the court to have had substantial past contact with the child. Tex. Fam. Code Ann. § 102.004 (Vernon Supp.2000). Furthermore, the Roberts had standing to request adoption if the court deemed them to have had substantial past contact with the child. Tex. Fam.Code Ann. § 102.005 (Vernon 1996).

The cases cited by the Department do not support its position. In Mendez v. Brewer, 626 S.W.2d 498, 500 (Tex.1982), the Supreme Court held the foster parents lacked standing to intervene in the termination proceedings because their only interest in the child was their desire to adopt him. The decree being appealed is the adoption decree; the Roberts’ standing to intervene in the termination proceeding is of no consequence in the subsequent adoption proceeding. The court in Young v. Young, 693 S.W.2d 696 (Tex.App.—Houston [14th Dist.] 1985, writ dism’d), held the grandparents had standing to intervene in [927]*927the divorce suit, although they would not have had standing to bring an original suit. In Pratt v. Texas Dept, of Human Resources, 614 S.W.2d 490 (Tex.Giv.App.—Amarillo 1981, writ ref'd n.r.e.), the court held the prospective adoptive parent lacked standing to file a motion to modify conservatorship where he had not been a party to the original appointment proceeding. The court of appeals recognized precedent giving standing to any person to maintain an adoption suit, but distinguished that authority from motions to modify conservatorship. Id. at 495-96. In Interest of Garcia, 944 S.W.2d 725 (Tex.App.—Amarillo 1997, no writ), the court of appeals held the child’s babysitters lacked standing to bring an original suit for con-servatorship. Likewise, Jones v. Fowler, 969 S.W.2d 429 (Tex.1998), and Williams v. Anderson, 850 S.W.2d 281 (Tex.App.—Austin 1993, writ denied), resolved issues of standing to initiate a suit affecting parent-child relationship.

A party who does not qualify to initiate a suit affecting parent-child relationship may be permitted to intervene in a suit filed by a qualified party. In re Johnston, 957 S.W.2d 945, 948 (Tex.App.— Beaumont 1997, orig. proceeding); McCord v. Watts, 111 S.W.2d 809, 811 (Tex.App.—Austin 1989, no writ). Sound policy underlies the Legislature’s creation of a relaxed standing rule subject to court discretion for intervention in an existing suit. Where a suit is already pending, concern for the privacy of the parties is subordinate to the overriding concern for the best interest of the children. See Segovia-Slape v. Paxson, 893 S.W.2d 694, 696-97 (Tex.App.—El Paso 1995, orig. proceeding).

K.T. was four months old and M.T. was two-and-one-half years old when they moved into the Roberts’ home as their foster children. The children lived with the Roberts for over fourteen months. The record supports the trial court’s implied finding of past substantial contact sufficient to authorize their petition under Family Code §§ 102.004-.005. Point of error one is overruled.

Point of error two contends, “The trial court erred in granting Intervenors’ petition to adopt M.T. and K.T. in that there was insufficient evidence to support the court’s determination that the managing conservator wrongfully withheld consent to the adoption.” The managing conservator’s written consent to the adoption is required unless the court waives the requirement with a finding that consent is being refused without good cause. Tex. Fam.Code Ann. § 162.010(a) (Vernon 1996). Point of error three urges, “The court erred in granting Intervenors’ petition to adopt M.T. and K.T. in that there was insufficient evidence to establish that granting the Roberts’ petition to adopt was in the best interest of M.T. and K.T. and overwhelming evidence presented to the contrary.” We will address these issues together because they require an extensive recitation of the evidence.

At one point the Department’s plan was for the Roberts to adopt M.T. and K.T. The periodic reports spoke glowingly of the condition of the girls and their environment. The Roberts had successfully fostered nine children and adopted three other children, D.R., A.R., and R.R. Then an anonymous hot-line call caused the Department to begin an investigation into the treatment of D.R. in March 1998. The investigation concluded with a finding that the Department was “unable to determine” that any abuse had occurred. By that time, however, M.T. and K.T. had been removed from the Roberts’ home and placed with new prospective adoptive parents. Two subsequent placements failed. At the hearing conducted December 14, 1998, the girls’ current foster mother informed the court permanent placement with her family was not an option and asked that a new placement be made soon.

At a hearing conducted August 14, 1998, Crystal Voelker, a woman who worked for the Roberts from January to March of [928]*9281998, testified she had observed Carol Roberts hitting D.R. and M.T. Carol Roberts denied the allegation.

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Bluebook (online)
21 S.W.3d 925, 2000 Tex. App. LEXIS 5222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mt-texapp-2000.