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In re J.H.G.

Although the mother did not include the trial court's failure to dismiss in her points for appeal, the court of appeals held that the issue was not waived because it bore on the trial court's subject matter jurisdiction. This holding is directly contrary to this court's decision in In re Department of Family and Protective Services , in which it held that the �263.401(a) dismissal date is procedural, not jurisdictional. As such, the mother's failure to challenge the trial court's extension of the statutory deadline in her statement of points waived the issue on appeal. Texas Supreme Court, No. 09-0531, 01-22-2010

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In this parental-rights termination case, the mother failed to include in her statement of points for appeal her complaint that the trial court unlawfully extended the statutory deadline for dismissing the case. Although issues not included in a statement of points are waived, TEX FAM. CODE § 263.405(i), *fn1 the court of appeals sustained the mother’s challenge and dismissed the suit, holding that the mother’s complaint concerned the trial court’s subject matter jurisdiction to enter a final order rather than the specific terms of the order and thus could not be waived. 290 S.W.3d 400, 403. We disagree, and reverse and remand the case to the court of appeals for consideration of the mother’s legal and factual sufficiency challenges.

On March 19, 2007, the Texas Department of Family & Protective Services (TDFPS) obtained temporary orders of possession of J.H.G. The case was set to be dismissed on March 24, 2008, pursuant to section 263.401(a) of the Family Code, which requires dismissal unless the court has rendered a final order or granted an extension (if the trial court finds that certain circumstances exist) within one year of appointing TDFPS as managing conservator. TEX. FAM. CODE § 263.401(a).*fn2

TDFPS’s initial goal was reunification with the mother. In December 2007, however, after the mother failed to comply with several court-ordered requirements, TDFPS sought to terminate the mother’s parental rights and filed a motion to extend the March 24, 2008, dismissal date. The mother objected and a hearing was held on February 27, 2008, after which the trial court granted TDFPS a three–month extension. Trial on the merits commenced on June 2, 2008, approximately two months after the initial deadline. The mother again objected to the trial court’s refusal to dismiss the proceedings, and she reurged her objection before presenting her case. The trial court again denied her motions and refused to dismiss the case. The jury found that the mother failed to comply with the terms of her court-ordered service plan and that termination was in J.H.G.’s best interest. The trial court rendered judgment terminating the mother’s parental rights.

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