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Lumbis v. Texas Department of Protective and Regulatory Services

Once it is established by clear and convincing evidence that an affidavit relinquishing a parent's rights was properly executed, the affidavit may only be set aside upon a finding, by the preponderance of the evidence, that it was procured by coercion, duress, fraud, deception, undue influence or overreaching.

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Appellant Robin Cash Lumbis appeals from the district court’s termination of her parental rights to her two children. She contends that the evidence is legally insufficient to support the court’s findings that she voluntarily executed an affidavit of relinquishment, that the evidence is legally and factually insufficient to support the finding that termination was in the children’s best interest, and that she received ineffective assistance of counsel. We will affirm.

Factual Background

Lumbis has twin sons, J.C.L. and A.M.L. On January 8, 2000, appellee Texas Department of Protective and Regulatory Services (“the Department”) received a referral alleging the “neglectful supervision” of the boys, who were six years old at the time. Lumbis had been arrested on January 6 for assaulting Alfred Lumbis, her husband and the boys’ father. Upon her arrest, Lumbis left her sons with a friend, but the friend could not keep the children until Lumbis’s release and “wanted someone to do something about the children now.” The referral alleged that Lumbis used and sold drugs and had a history of domestic violence. The referral also alleged that Lumbis had two other sons, one who was raised by his grandmother and another who was living with his father, and that A.M.L. and J.C.L. “defecate in their pants” and “appear to know a lot about sex in general and oral sex.”

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