X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this parental termination case, the trial court terminated the mother’s rights to her fourteen-year-old child under Texas Family Code sections 161.003 and 161.001(b)(1)(D), (N), and (O) based on evidence that the mother was subjecting the child to prostitution. See Tex. Fam. Code §§ 161.001(b)(1)(D), (N), (O), 161.003. On appeal, the mother argued that: (1) the evidence was legally and factually insufficient to support termination under section 161.003(a)(1) and (2) and section 161.001(b)(1)(D), (N), and (O); and (2) in the alternative, the evidence was legally and factually insufficient to support that termination was in the child’s best interest. The court of appeals upheld termination of the mother’s parental rights based only on section 161.001(b)(1)(0) and held that termination was in the child’s best interest.___S.W.3d___,___(Tex. App.—San Antonio 2018) (mem. op.). In this Court, the mother asserts that the court of appeals erred in: (1) upholding the trial court’s finding that termination was in the child’s best interest; and (2) failing to address the section 161.001(b)(1)(D) ground when it was preserved on appeal.[1] Texas Family Code section 161.001(b) allows for involuntary termination of parental rights if clear and convincing evidence supports that a parent engaged in one or more of the twenty-one enumerated grounds for termination and that termination is in the best interest of the child. TEX. Fam. Code § 161.001(b). To affirm termination of parental rights on appeal, appellate courts often detail the evidence in support of only one termination ground—in addition to upholding a challenged best interest finding—even if the trial court based the termination on more than one ground. See In re N.G., 577 S.W.3d 230, 232 (Tex. 2019); see also Tex. Fam. Code § 161.001(b); Tex. R. App. P. 47.1 (“The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal.”). Parental rights may be terminated under section 161.001(b)(1)(D) if clear and convincing evidence supports a finding that the parent “knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child.” Tex. Fam. Code § 161.001(b)(1)(D). Parental rights may be terminated under section 161.001(b)(1)(0) if clear and convincing evidence supports that the parent “failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child.” Id. § 161.001(b)(1)(0). Section 161.001(b)(1)(M) provides that a court may terminate parental rights if the parent previously “had his or her parent-child relationship terminated with respect to another child based on a finding that the parent’s conduct was in violation of Paragraph (D) or (E) or substantially equivalent provisions of the law of another state.” Id. § 161.001(b)(1)(M). Because a trial court’s finding under either section 161.001(b)(1)(D) or (E) has consequences for termination of parental rights as to other children under section 161.001(b)(1)(M), termination on those grounds implicates significant due process concerns for a parent’s care, custody, and control of her children. See id. § 161.001(b)(1)(D), (E), (M); see also U.S. Const. amend. XIV, § 1; Tex. Const. art. I, § 19; N.G., 577 S.W.3d at 234. As to whether termination of the mother’s rights was in the child’s best interest, the court of appeals thoroughly detailed and analyzed the evidence, holding that the trial court could have reasonably formed a firm belief that termination of the mother’s parental rights was in the child’s best interest. ___S.W.3d at___; see In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005) (explaining the standard for legal sufficiency review in a parental termination case). The evidence, which the court of appeals held was legally and factually sufficient, shows that the child was likely being sexually abused, the mother was likely forcing the child into prostitution, the child did not wish to live with the mother in a homeless shelter, and the mother would pose a threat to the child if the child were in the mother’s care. See___S.W.3d at___. We agree with the court of appeals that the evidence was legally sufficient to uphold that termination of the mother’s rights was in the child’s best interest. We recently held in In re N.G. that when a trial court makes a finding to terminate parental rights under section 161.001(b)(1)(D) or (E) and the parent challenges that finding on appeal, due process requires the appellate court to review that finding and detail its analysis. 577 S.W.3d at 235-36. Here, the court of appeals upheld termination of the mother’s parental rights only under section 161.001(b)(1)(0).___S.W.3d at___. Because the mother specifically challenged the legal and factual sufficiency of the evidence to support the trial court’s finding under section 161.001(b)(1)(D), a finding which can affect her parental rights to other children under section 161.001(b)(1)(M), we hold that the court of appeals erred in failing to address the mother’s challenge to the section 161.001(b)(1)(D) finding. Accordingly, without hearing oral argument, see Tex. R. App. P. 59.1, we grant the mother’s petition, affirm in part and reverse in part the court of appeals’ judgment, and remand the case to the court of appeals for further proceedings consistent with this opinion. OPINION DELIVERED: October 18, 2019

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

Summary:In this role, you will conduct legal research, provide analysis, and advise the business on various legal matters. You will assist i...


Apply Now ›

A small diverse Law firm is seeking a Legal Secretary with a minimum of 2 years plus legal experience in Personal Injury and Family Law. Mus...


Apply Now ›

The University of Kentucky (UK) seeks a strategic and collaborative leader with a distinguished scholarly profile to serve as the next Dean ...


Apply Now ›