In the Interest of R.G.

61 S.W.3d 661, 2001 Tex. App. LEXIS 7357
CourtCourt of Appeals of Texas
DecidedOctober 31, 2001
DocketNo. 10-01-007-CV
StatusPublished
Cited by35 cases

This text of 61 S.W.3d 661 (In the Interest of R.G.) 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 R.G., 61 S.W.3d 661, 2001 Tex. App. LEXIS 7357 (Tex. Ct. App. 2001).

Opinion

OPINION

TOM GRAY, Justice.

Robert Gomez appeals the termination of his parental rights to his daughters, R.G. and M.M. Gomez complains that the evidence presented was legally and factually insufficient to support either of the alleged statutory grounds for termination of his parental rights. Gomez also complains that the evidence was legally and factually insufficient to support the finding that the termination was in the best interest of his children. We affirm the judgment of the trial court.

BACKGROUND

Gomez is the biological father of R.G. and M.M. The children’s mother, Eloísa Maria Martinez, was killed in an automobile accident in 1993. Both children were in the car with their mother at the time of the wreck, and R.G. suffers from mental and physical difficulties as a result of the accident. From the time his wife died in 1993 until May of 1998, Gomez and the children lived primarily in his mother’s home in Granbury, Texas.

Sometime in May, 1998, Gomez took both children to Dr. Stephen Bishop, who was Gomez’s employer at the time, to verify allegations that his daughters were victims of sexual abuse by his brothers, Ra-mond Gomez and Johnny Joe Gomez. It is unclear exactly how and when Gomez learned of the possibility of the abuse. In a signed voluntary statement to law enforcement, Gomez stated that “in the last part of May, through the first part of July of 1998” the girls had told him of the abuse. According to this statement, the girls told him that their uncles had grabbed them and pressed up against them and that Johnny Joe had “put his thing (penis)” in R.G. In his brief, Gomez states that his second wife told him in May of 1998 that the girls had made an outcry of sexual abuse perpetrated by Ramond and Johnny Joe at the home of the girls’ paternal grandmother. According to the statement that Gomez’s second wife made to a law enforcement officer, however, Go[665]*665mez had known about the sexual abuse of both children for approximately three years. The record reflects that R.G. claimed that she had told her father and grandmother about the abuse, but that they had done nothing about it. According to Gomez’s trial testimony, he wanted concrete proof (“paper proof or something”) from the doctor that his children had been sexually abused, but Dr. Bishop did not tell him that the girls had definitely been assaulted.

In June 1998, Dr. Bishop made arrangements for Gomez to move with his children to an apartment in Godley, Texas. Gomez testified that he continued to take the girls to his mother’s house because she was there by herself. However, R.G. told her school counselor that at least one more incident of sexual assault took place there after the move to Godley.

On the second day of school, August 13, 1998, R.G. made an outcry to a Godley school counselor, indicating that the sexual abuse of both her and her sister had been ongoing for years. She stated that both her father and grandmother were aware of it; in fact, her grandmother was in the house when the abuse occurred. R.G. described the most recent incident of abuse just several days prior. The counselor contacted Child Protective Services. A worker immediately took both children to the Advocacy Center, where they were interviewed on videotape. Both described how Ramond and Johnny Joe and their cousins sexually abused them at their grandmother’s house. The girls were also taken to Cook’s Children’s Hospital for a sexual assault exam. Again, Gomez claims that he was told that there was no physical evidence of abuse. However, during cross-examination, Gomez was asked if he had been told that there had been sexual abuse by multiple perpetrators. He replied, “I believe she [the examining physician] said something like that.” He also admitted that he was told by medical personnel that there may not be physical evidence in sexual assault cases, but that “I thought they had to have proof.”

Child Protective Services removed the children from the Gomez home and placed them in foster care for twenty-four hours. The next day, Gomez signed a child safety plan that provided that he would keep his daughters away from his mother’s residence and the town of Granbury and that he would cooperate with Child Protective Services in protecting his children. Child Protective Services learned that Gomez had violated the safety plan on at least three different occasions by taking the children to his mother’s house. At first, the girls denied that they had been to their grandmother’s house. R.G. also recanted her original outcry statement, but later that same day told her school counselor that she had recanted because she was concerned that if her uncles went to jail, her grandmother would have no one to care for her and would die. After speaking with her counselor, R.G. reconfirmed that the sexual abuse did occur and admitted that she had been at her grandmother’s house since her father signed the safety plan. The next day, Child Protective Services removed the children from Gomez’s home and placed them with a therapeutic foster home in Fort Worth, Texas. This was approximately one week after the two brothers were arrested for the sexual abuse of the children.

On October 14, 1999, a jury convicted Johnny Joe of aggravated sexual assault of a child and sentenced him to fifty years in prison. The jury also convicted him of two counts of indecency with a child, for which he was sentenced to fifteen years confinement. Gomez testified on behalf of his brother at the trial, as did several other family members. On November 2, 1999, [666]*666Ramond pled guilty to indecency with a child and was sentenced to ten years confinement. Gomez testified that he believes that his brothers were wrongly convicted, that he knows of no family members who believe that the abuse took place, and that members of his family are seeking to overturn both convictions.

Child Protective Services initially sought to reunite the children with their family. Approximately one year after becoming involved, Child Protective Services determined that one of the following permanency plans should be sought: (1) permanent placement with a relative and transfer of conservatorship, or (2) permanent placement with a non-relative in the form of adoption. As of November 16, 1999, however, Gomez was serving a seven-year prison sentence for a felony conviction of driving while intoxicated.1 Child Protective Services had not designated a relative as a suitable placement for the children. Therefore, termination was sought to allow adoptive placement for the children. 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. Ann. § 161.001(1)(D), (E) (Vernon Supp.1998). The State also alleged that it would be in the children’s best interest to terminate their father’s rights. See Tex. Fam.Code Ann. § 161.001(2) (Vernon Supp.1998). The court conducted a bench trial and found by clear and convincing evidence that Gomez had violated subsections D and E and that it was in the best interest of the children that Gomez’s parental rights be terminated.

TERMINATION OF PARENTAL RIGHTS

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Bluebook (online)
61 S.W.3d 661, 2001 Tex. App. LEXIS 7357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rg-texapp-2001.