IN THE INTEREST OF G.G.C. AKA G.C.G., E.G.C., R.D.G.C. AKA R.G.C., K.S.G.M. AKA K.G.M., K.M.G.M AKA K.G.M. AND K.E.G.M. AKA K.G.M., CHILDREN
Appeal from the 314th District Court Harris County, Texas
Trial Court Case No. 2015-05388J
consists of Justices Keyes, Bland, and Huddle.
bench trial, the trial court terminated the parent-child
relationship between appellant, E.N.G., and her six children,
G.G.C., E.G.C., R.G.C., K.S.G.M., K.M.G.M., and K.E.G.M. The
mother challenges the order terminating her parental rights,
contending that the evidence is legally and factually
insufficient to support the termination under Texas Family
Code section 161.001(1)(E), (L), and (O), and under Family
Code section 161.001(2). We affirm.
is the twenty-six year old mother of six children under age
ten: G.G.C., E.G.C., R.G.C., K.S.G.M., K.M.G.M., and K.E.G.M.
Three children, G.G.C., E.G.C., and R.G.C., are boys while
the other three, K.S.G.M., K.M.G.M., and K.E.G.M., are girls.
The Texas Department of Family and Protective Services
contacted the mother in January 2011, after it had received a
report of negligent supervision. The report alleged that the
mother had left the boys with a babysitter and failed to
return, despite the fact that one of the boys required
medical attention. DFPS workers could not further investigate
the report because the mother denied caseworkers any access
to the children.
workers investigated a second referral in August 2011.
Caseworkers ruled out physical abuse at the time.
referral occurred in June 2012 when R.G.C., who was under age
two, swallowed a rock of crack cocaine. The mother took
R.G.C. to the hospital, where she told medical personnel that
R.G.C. had consumed an unknown white substance. When R.G.C.
tested positive for cocaine, the mother attempted to remove
R.G.C. from the hospital against medical advice. She seized
R.G.C. and carried him while running through the street,
where a car nearly struck them. As a result of this incident,
the mother was convicted of child endangerment and received a
sentence of four years' deferred adjudication. The trial
court in the criminal case later revoked the mother's
probation and sentenced her to six months' confinement
because the mother had failed to comply with the terms of her
incident also led to DFPS's temporary managing
conservatorship of the children. The children were returned
to the mother in October 2013.
initiated the current termination proceedings in response to
three additional reports received in April and May 2015. The
reports alleged that the mother did not adequately supervise
the children, sold drugs out of the home, and appeared
disinterested in the children's education. The reports
further alleged that the children lived in deplorable
conditions, did not bathe regularly, and had poor hygiene,
and that one of the children had been sexually abused by a
2015, a DFPS investigator attempted to meet with the mother
at her apartment, but no one was there. The landlord admitted
the investigator into the home. The investigator discovered
that conditions were deplorable: she found broken windows,
expired food in the refrigerator, a foul odor, and gnats
inside the home. The landlord told the investigator that the
mother was unable to care for her children and had boasted of
an attempt to steal a car.
the home visit, DFPS interviewed the mother's friend
Margo as well as Maria Sanchez, the paternal grandmother of
some of the children. Both claimed that the mother sold drugs
out of the home. On May 29, 2015, the mother tested positive
the mother refused to meet with DFPS in her home, she met
with an investigator at her place of work in August 2015. At
the meeting, the mother confirmed the location of her
apartment complex, but told the investigator that she did not
know the number of her apartment. The mother reported that
she did not have a vehicle, she earned a salary of $300 per
week, her apartment lacked furniture, and she did not know
whether all of her children had received their vaccinations.
The DFPS recommended that the mother participate in
counseling, substance abuse treatment, and random drug tests,
but the mother refused to complete these services.
September 2015, DFPS petitioned for temporary removal of the
children from the home, which the trial court granted in
October 2015. The order stated that the mother's parental
rights could be terminated if she did not meet each
requirement set out ...