Spurlock v. TEX. DEPT. OF PROTECTION

904 S.W.2d 152
CourtCourt of Appeals of Texas
DecidedSeptember 13, 1995
Docket03-94-00268-CV
StatusPublished
Cited by2 cases

This text of 904 S.W.2d 152 (Spurlock v. TEX. DEPT. OF PROTECTION) 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
Spurlock v. TEX. DEPT. OF PROTECTION, 904 S.W.2d 152 (Tex. Ct. App. 1995).

Opinion

904 S.W.2d 152 (1995)

Edna Irene SPURLOCK, Appellant,
v.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, Appellee.

No. 03-94-00268-CV.

Court of Appeals of Texas, Austin.

June 7, 1995.
Rehearing Overruled September 13, 1995.

*154 Mary Kay Sicola, Austin, for appellant.

Allison Benesch, Asst. Dist. Atty., Austin, for appellee.

J. Andrew Hathcock, Austin, for children.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

CARROLL, Chief Justice.

The Texas Department of Protective and Regulatory Services (the "Department"), appellee, sought termination of the parental rights of appellant Edna Spurlock. See Tex. Fam.Code Ann. § 15.024 (West Supp.1995).[1]*155 After a bench trial, the district court ordered the requested relief. We will affirm the trial-court judgment.

BACKGROUND

The Department brought a suit to terminate the parent-child relationship between appellant and two of her children, Soniva and Lorenzo Spurlock, pursuant to section 15.024 of the Texas Family Code, which authorizes termination of parental rights if the court finds that:

(1) the parent has a mental or emotional illness or mental deficiency that renders the parent unable to provide for the physical, emotional, or mental needs of the child, and the illness or deficiency, in all reasonable probability, proved by clear and convincing evidence, renders the parent unable to provide for those needs from the time of the court's finding until the 18th birthday of the child;
(2) the department has been the permanent managing conservator of the child of the parent for the six months preceding the filing of the petition; and
(3) the termination is in the best interest of the child.

Tex.Fam.Code Ann. § 15.024(a). Thus, the Department had the burden of proving by clear and convincing evidence that as to each child appellant has a mental or emotional illness that renders her incapable of meeting the child's physical, emotional, and mental needs until the child reaches the age of eighteen and that it was in the best interest of the child to terminate her parental rights.

The trial court signed a final decree terminating appellant's parental rights at the conclusion of a bench trial. In its final decree of termination, the trial court found that all three elements of section 15.024(a) had been met. By five points of error, appellant challenges the legal and factual sufficiency of the evidence supporting the trial court's judgment and the constitutionality of section 15.024.

DISCUSSION

A. Sufficiency of the Evidence

In her first and second points of error, appellant attacks the legal and factual sufficiency of the evidence underlying the trial court's judgment. The termination of parental rights involves fundamental constitutional rights. See Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551 (1972). Therefore, evidence supporting the finding that parental rights should be terminated must be clear and convincing. In re G.M., 596 S.W.2d 846, 847 (Tex.1980). "The clear and convincing standard of proof is intentionally placed on the party seeking the termination of the parental rights, so as to create a higher burden to fulfill, because of the severity and permanence of the termination of the parent-child relationship." Harris v. Herbers, 838 S.W.2d 938, 941 (Tex. App.—Houston [1st Dist.] 1992, no writ). This standard requires more proof than the preponderance of the evidence standard applied in civil cases but less proof than the reasonable doubt standard applied in criminal cases. In re G.M., 596 S.W.2d at 847. The clear and convincing standard requires the degree of proof that will produce in the mind of the fact-finder a firm belief or conviction as to the truth of the matters sought to be proved. Id.

When both legal and factual sufficiency challenges are raised on appeal, the court must first examine the legal sufficiency of the evidence. Glover v. Texas Gen. Indem. Co., 619 S.W.2d 400, 401 (Tex.1981). In reviewing a challenge to the legal sufficiency of the evidence, the court is to consider only the evidence and inferences tending to support the jury's findings and disregard all evidence and inferences to the contrary. Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex. 1987). In reviewing the factual sufficiency of the evidence, the court must consider and weigh all the evidence and should set aside the judgment only if it is so contrary to the overwhelming weight of the evidence to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). The clear and convincing standard of proof does not alter *156 the appropriate standard of appellate review. D.O. v. Texas Dep't of Human Servs., 851 S.W.2d 351, 353 (Tex.App.—Austin 1993, no writ).

The instant case involves a schizophrenic mother and two young children. Appellant's mental illness has been diagnosed as chronic paranoid schizophrenia and schizoaffective disorder. Soniva, who was born in April 1989, has not lived with her mother since she was a baby, and Lorenzo, who was born in June 1990, has never lived with his mother. Both children lived with their grandmother until her death in early 1991 and then with their great-aunt for a short time until she requested that they be placed in foster care because she could no longer care for them. The Department has made efforts to place the children with relatives to no avail, and they have remained in foster care since April 1991.

Appellant does not dispute the fact that she suffers from a chronic mental illness. Instead, she contends that the Department has failed to establish by clear and convincing evidence that she cannot meet the physical, emotional, and mental needs of her children, that she will remain incapable of providing for those needs until the children reach the age of eighteen, and that termination is in the best interest of the children. We disagree.

1. Inability to Meet Physical, Emotional, and Mental Needs of the Children

In order to prove that appellant cannot meet the physical, emotional, and mental needs of Soniva and Lorenzo, the Department introduced into evidence the testimony of Dr. Russell Bach, appellant's psychiatrist for the last two years. Dr. Bach testified that appellant is incapable of meeting her own needs and that she is unable to live on her own.

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Related

In the Interest of E.L.T.
93 S.W.3d 372 (Court of Appeals of Texas, 2002)

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904 S.W.2d 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spurlock-v-tex-dept-of-protection-texapp-1995.