In the Interest of S.K.

198 S.W.3d 899, 2006 Tex. App. LEXIS 7181
CourtCourt of Appeals of Texas
DecidedAugust 15, 2006
DocketNo. 05-05-01039-CV
StatusPublished
Cited by63 cases

This text of 198 S.W.3d 899 (In the Interest of S.K.) 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 S.K., 198 S.W.3d 899, 2006 Tex. App. LEXIS 7181 (Tex. Ct. App. 2006).

Opinion

OPINION

Opinion by

Justice MOSELEY.

Following a bench trial, the trial court entered a decree terminating the parental rights of the biological parents, Berena Tijerina and Eric Jovon King, to their children Sh. K. and Sa. K. Both parents present issues challenging the legal and factual sufficiency of the evidence support-[901]*901mg the grounds for termination found by the court. For the reasons that follow, we overrule the parents’ points of error and affirm the trial court’s decree of termination.

I. PROCEDURAL BACKGROUND

Mother was twenty-seven years old and Father was twenty-eight years old at the time of trial; they had never married. They are the parents of five children: E.K., D.K., Sh. K., Sa. K, and M.K. In March 2001, Mother and Father voluntarily relinquished their rights to E.K. and D.K.; at the same time, Mother also relinquished her rights to her oldest child, A., who is not Father’s child.

This suit concerns Sh., born July 18, 2002, and Sa., born June 20, 2003. On February 12, 2004, daycare workers saw a red mark on Sa.’s cheek and, dissatisfied with Mother’s explanation, called the Dallas County Child Protective Services Unit of the Texas Department of Family and Protective Services (CPS). CPS removed the children that day. Pursuant to CPS’s SAPCR petition for emergency care and temporary managing conservatorship, CPS was appointed temporary managing conservator of the children. Sh. and Sa. were placed in the foster care of the adoptive mother of E.K. and D.K. and received early childhood intervention services from the Dallas Metro Care Services. Service plans were drawn up for Mother and Father, who were evaluated by a psychologist. Beginning in March 2004 and continuing through the time of trial (about fifteen months), Mother and Father had weekly counseling sessions. They also attended parenting classes. During that time, Mother and Father had supervised weekly visits with Sh. and Sa. at the CPS office.

Subsequently, CPS filed a petition to terminate Mother’s and Father’s parental rights to Sh., Sa., and M.K. (born April 8, 2005), alleging as grounds that they knowingly placed or knowingly allowed the children to remain in conditions or surroundings which endangered their physical or emotional well-being, or they engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangered their physical or emotional well-being, and termination was in the best interest of the children. The children’s maternal grandparents intervened. The suit regarding M.K. was severed from this cause. In its decree, the trial court found the allegations in the petition true, terminated Mother’s and Father’s rights, and appointed CPS permanent managing conservator of Sh. and Sa. Mother and Father filed motions for new trial, which were overruled by operation of law, and appealed. See Tex. Fam.Code Ann. § 268.405(a) (Vernon Supp.2006); Tex.R.App. P. 26.1(b).

II. SUFFICIENCY OF THE EVIDENCE

A. Endangerment

In Mother’s issues one through four and Father’s eight issues, they challenge the legal and factual sufficiency of the evidence supporting the trial court’s findings as to the endangerment grounds.

1. Applicable Law

Before parental rights can be involuntarily terminated, the trial court must find by clear and convincing evidence that: (1) the parent has committed one of the enumerated statutory conditions, and (2) termination is in the best interest of the child. Tex. Fam.Code Ann. § 161.001 (Vernon Supp.2006). Here, the trial court terminated Mother’s and Father’s parental rights under sections 161.001(1)(D) and (E) of the family code. The trial court was required to find only one of the statutory [902]*902conditions to be trae, as well as find that the termination was in the children’s best interest in order to terminate Mother’s and Father’s parental rights. Id.; Wilson v. State, 116 S.W.3d 923, 928 (Tex.App.-Dallas 2003, no pet.).

Section 161.001(1)(D) requires clear and convincing proof that the parent “knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endangers the physical or emotional well-being of the child.” Tex. Fam.Code Ann. § 161.001(1)(D). This section refers only to the acceptability of a child’s living conditions. In re S.H.A., 728 S.W.2d 73, 84 (Tex.App.-Dallas 1987, writ ref'd n.r.e.).

Section 161.001(1)(E) requires clear and convincing proof that the parent “engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child.” Tex. Fam.Code Ann. § 161.001(1)(E). This section refers only to the parent’s conduct, as evidenced not only by the parent’s acts, but also by the parent’s omissions or failures to act. In re S.H.A., 728 S.W.2d at 85. The conduct to be examined includes what the parent did both before and after the child was born. Dupree v. Tex. Dep’t of Protective & Regulatory Servs., 907 S.W.2d 81, 84 (Tex.App.-Dallas 1995, no writ).

Endanger means to “expose to loss or injury; to jeopardize.” In re M.C., 917 S.W.2d 268, 269 (Tex.1996). Although endanger means more than a threat of physical injury or the possible ill effects of a less than ideal family environment, it is not necessary that the conduct be directed at the child or that the child actually suffers an injury. Id.

2. Standard of Review

In reviewing the legal sufficiency of the evidence to support a termination finding, we look at all of the evidence in the light most favorable to the termination finding to determine whether a reasonable trier of fact could have formed a firm belief or conviction about the truth of. the matter on which the Department bears the burden of proof. In re J.L., 163 S.W.3d 79, 84-85 (Tex.2005); In re J.F.C., 96 S.W.3d 256, 265-66 (Tex.2002); Wilson, 116 S.W.3d at 928. We assume that the factfinder resolved any disputed facts in fayor of its finding, if a reasonable factfin-der could so do, and disregard all evidence that a reasonable factfinder could have disbelieved or found incredible. J.F.C., 96 S.W.3d at 266. We do not, however, disregard undisputed evidence that does not support the finding. Id.

In reviewing the factual sufficiency of the evidence, we must give “due consideration” to any evidence the factfinder could reasonably have found to be clear and convincing. Id. (citing

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Bluebook (online)
198 S.W.3d 899, 2006 Tex. App. LEXIS 7181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sk-texapp-2006.