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S.H.R. v. Department of Family and Protective Services

The appellant's parental rights to his three minor children were terminated after a bench trial. Evidence was admitted without objection that the children tested positive for oral and genital herpes. The evidence is factually insufficient. The termination order is reversed and remanded. Houston's 1st Court of Appeals, No. 01-10-00999-CV, 04-20-2012.

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OPINION

Appellant S.H.R.’s parental rights to his three minor children were terminated after a bench trial. In three issues, appellant contends that the evidence was legally and factually insufficient to support: (1) termination under Family Code section 161.001(1)(D) (that he knowingly placed or knowingly allowed the children to remain in conditions or surroundings which endanger the physical or emotional well-being of the children); (2) termination under Family Code section 161.001(1)(E) (that he engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangers the physical or emotional well-being of the children); and (3) a finding that termination is in the best interest of the children. See TEX. FAM. CODE ANN. § 161.001(1)(D), (E) (West Supp. 2011). We conclude that while the evidence is legally sufficient, it is nonetheless factually insufficient, and we reverse.

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