In the Interest of M.T.

516 S.W.3d 607, 2017 WL 715939, 2017 Tex. App. LEXIS 1433
CourtCourt of Appeals of Texas
DecidedFebruary 22, 2017
DocketNo. 04-16-00547-CV
StatusPublished
Cited by2 cases

This text of 516 S.W.3d 607 (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., 516 S.W.3d 607, 2017 WL 715939, 2017 Tex. App. LEXIS 1433 (Tex. Ct. App. 2017).

Opinions

OPINION

Opinion by: Karen Angelini, Justice

Appellant Jocelyn T. appeals the trial court’s order terminating her parental rights to her son M.T. On appeal, Jocelyn T. argues that the evidence is legally and factually insufficient to support the trial court’s finding that termination was in the best interest of the child. We affirm.

Background

On June 25, 2015, the Texas Department of Family and Protective Services filed a petition for protection of a child, for con-servatorship, and for termination in a suit affecting the parent-child relationship. At the time M.T. was removed from Jocelyn T.’s care, M.T. was thirteen months old. On August 9, 2016, the case proceeded to a bench trial. Jocelyn T., who had notice of the trial, did not appear. Her attorney announced “not ready” and stated that the last time he had contact with his client had been July 15, 2016. The Department stated that Jocelyn T. had notice of the trial setting. It explained that it was also trying to make contact with Jocelyn T. because she had just given birth to a new baby. The trial court noted that M.T. was also a very young child and that this was the second trial setting. The trial court decided to proceed with the trial.

A. Testimony of Vicki Williams

Vicki Williams, an investigator with the Department, explained that M.T. came into the care of the Department in June 2015:

The referral came in for neglectful supervision. The allegation stated that mom and [Timothy W.]1 had gone to a doctor’s office. They had hit a grandmother and her granddaughter in the office while they were holding [M.T.] in the office.

According to Williams, when she spoke with Jocelyn T. during the investigation, Jocelyn T. and Timothy W. claimed that M.T. had been in the stroller during the incident. Williams testified, however, that there was videotape of the incident and what Jocelyn T. and Timothy W. claimed “wasn’t true.” “[T]hey were holding [M.T.].” Williams testified that even after being told of the videotape, Jocelyn T. still did not “change her story.”

Williams testified that based on her investigation, she had concerns about M.T.’s welfare:

I was told there was domestic violence between the couple—that they were seen in the apartment complex fighting, physically, between the two of them. [M.T.] was always clean when I saw him. He was never—you know, I wasn’t necessarily concerned about the way they treated him, but the way they treated each other in front of him.

According to Williams, the Department had initially wanted “to do a parental child safety placement” and when she went to Jocelyn T.’s apartment to discuss the matter, Jocelyn T. “was willing to do it,” Jocelyn T. called a friend who was willing to care for M.T. However, Timothy W. came home, demanded that Williams and the police leave the apartment, and stated that he would not allow M.T. to be taken care of by the friend. Williams testified that the Department then filed an affidavit for M.T.’s removal.

Williams testified that as a result of the incident at the doctor’s office, both Jocelyn T. and Timothy W. were arrested. Jocelyn T. was charged with child endangerment, [610]*610and Timothy W. was charged with two counts of assault bodily harm. Williams testified that Timothy W. had a felony warrant “out for his arrest”

B. Testimony of Mary Rosetti

Mary Rosetti, a legal worker with the Department, testified that she was present at the chapter 262 hearing on July 8, 2015, and had an opportunity to speak with Jocelyn T. and Timothy W. She explained to them that the Department would be addressing “all the safety concerns that were in the home.” Rosetti testified,

I told them what the services would be and that they would have the opportunity to participate in a Family Group Conference, where they would be invited with their attorneys to discuss and create a family plan of service. At that time services would be created for them.

According to Rosetti, she explained that if they did not comply with the service plan created, did not engage in services, and did not address the Department’s safety concerns as enunciated in the service plan, their parental rights could be terminated. Rosetti testified that at the family group conference on July 29, 2015, the service plan was created. The service plan required Jocelyn T. and Timothy W. to obtain employment, as well as housing. It also required them to engage in a drug assessment, as well as follow any resulting recommendations. Further, the service plan required that they engage in individual therapy to address the safety concerns of the Department. They were also required to complete a psychological evaluation and follow any recommendations. Finally, they were both required to submit to random drug testing and maintain contact with the Department. Rosetti testified that the family service plan containing those requirements was filed with the court.

Rosetti further testified that Jocelyn T. and Timothy W. did not agree with the service plan. Rosetti testified, “They felt that they did not require any type of drug assessment and they felt that the services were too intense and they did not need that much assistance.” Jocelyn T. did complete some services, including a psychological evaluation, a parenting class, and a family violence prevention services class. She also visited M.T. consistently through Kid Share. However, Rosetti testified that Jocelyn T. did not engage in individual therapy, had not continued with drug testing, had not provided any residential information, and had not provided “any pay stubs.” Jocelyn T. also had not maintained contact with Rosetti. Rosetti explained that the Department had concerns that Timothy W. “was not an appropriate person to be around [M.T.] ” and that “there were concerns that he was continuing to use drugs.” Rosetti had seen “several photographs” depicting Timothy W. “engaging in drug use.” Rosetti testified that Jocelyn T. “assured [Rosetti] that she was not engaged in a relationship with [Timothy W.], nor was he around her.” However, Rosetti testified that Jocelyn T. was “continuing that relationship with [Timothy W.].” Rosetti testified that on May 4, 2016, she went to a Kid Share visit and saw Jocelyn T. and Timothy W. walking together from the bus stop. According to Rosetti, because Timothy W. was engaging in drug use and Jocelyn T. was still in a relationship with him, the Department had concerns “that there might be drug use in the home.”

With respect to housing, Rosetti testified that she had seen Jocelyn T. and Timothy W.’s apartment in July 2015, right after the chapter 262 hearing. Rosetti testified that Jocelyn T. and Timothy W. “were evicted from that home and were living on the streets.” Rosetti “offered to pick them up and take them to the shelter.” According to Rosetti, “[t]hey spent [611]*611one night at Haven for Hope in early September” but after that time, Rosetti “never had any knowledge of where they were residing.” She noted that the one time she did speak with Timothy W., “he said he was staying in motels sporadically and then on the streets when he couldn’t afford them.”

Rosetti testified that Jocelyn T. never demonstrated that she was able or willing to provide for M.T.:

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Cite This Page — Counsel Stack

Bluebook (online)
516 S.W.3d 607, 2017 WL 715939, 2017 Tex. App. LEXIS 1433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mt-texapp-2017.