Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re N.R.G.

Court of Appeals of Texas, Fourth District, San Antonio

May 10, 2017

IN THE INTEREST OF N.R.G., et al., Children

         From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2016PA00044 Honorable Karen A. Crouch, Judge Presiding

          Sitting: Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice, Irene Rios, Justice.

          MEMORANDUM OPINION

          Irene Rios, Justice.

         The parental rights of mother A.R-J.P. and father L.J.S-G, Jr. were terminated as to their three children N.R.G., F.R.G., and N.E-R.G. Father appeals the trial court's findings on two statutory grounds relating to the termination of his parental rights to F.R.G. Mother appeals the trial court's finding that termination was in the best interest of the children. We affirm the trial court's order.

         Background

         On January 5, 2016, Jeanette Salazar, an investigator for the Texas Department of Family and Protective Services, received a referral based on observations that F.R.G. was emaciated with her rib cage showing. In addition, concerns were expressed about the children being dirty and possible drug use by the parents. At that time, N.R.G. was two, F.R.G was one, and N.E-R.G. was about one week old.

         Salazar testified when she visited the home to investigate the referral, she observed F.R.G. when her mother undressed her. Salazar stated F.R.G.'s rib cage was showing, her skin under her arms and her butt area was sagging, she could not roll over, she appeared sick, and she could not respond to any social cues. Ten photographs of F.R.G. depicting her emaciated condition were introduced into evidence. Salazar contacted emergency medical services and had F.R.G. transported to the hospital.

         Salazar further testified N.R.G's. hands and feet were dirty, and he was eating cereal from a bag. N.R.G. was not crawling, walking, or speaking. Because N.R.G. and F.R.G. appeared neglected, Salazar was concerned N.E-R.G. was also neglected.

         At the time the children were removed, the mother and father were unable to provide an explanation to Salazar regarding the children's conditions. At a subsequent visit at the children's shelter, the mother, who was eighteen, admitted to Salazar that she was being lazy because of her pregnancy. The mother also told Salazar the father, who was nineteen, was working but would try to help when he was home. Salazar subsequently learned the father was not working. Both the mother and the father were indicted for injury to a child based on F.R.G.'s condition, and the mother and father admitted using marijuana.

         After F.R.G.'s removal, she began gaining weight. Salazar testified the children were developmentally delayed at the time of the removal, which the parents also were unable to explain. The mother and father had never sought any medical attention for F.R.G. or even routine medical care for immunizations.

         Kathleen Buckley, a pediatric nurse, testified she has evaluated over a thousand children based on allegations of neglect and abuse. Buckley specializes in children who have been neglected and are failing to thrive. Buckley testified F.R.G. was failing to thrive because she was unable to eat and was deprived of proper nutrients. F.R.G was not diagnosed with any medical condition that would cause her emaciated condition. Upon being provided with an appropriate caloric intake, F.R.G. immediately began to improve in the hospital. In the eight days F.R.G. was hospitalized, she gained two pounds.

         After F.R.G. was discharged from the hospital, Buckley continued to follow her progress from February to September.[1] During that time, Buckley testified F.R.G. progressed to crawling and pulling to stand. Previously, F.R.G. could not crawl or get into a sitting position. When F.R.G. was admitted to the hospital, she was thirteen months old; however, Buckley testified F.R.G. was the average weight of a three-month-old baby, and her development level was that of a five-month-old baby. Within two months, F.R.G. caught up developmentally.

         Buckley testified the mother and father were unable to explain F.R.G.'s condition. Although she should have been on formula until she was twelve months old, the parents started feeding F.R.G. milk at eight months because they ran out of formula. The parents told Buckley they tried to also feed F.R.G. ground meat and chicken; however, she would refuse to eat. Buckley testified F.R.G. demonstrated no refusal to eat in the hospital or in the foster home. Buckley stated a reasonable parent would have sought medical attention for F.R.G., and F.R.G.'s medical records showed she had not been to a doctor since she was six months old. Buckley testified F.R.G.'s sagging skin was a sign she had lost weight which the parents should have noticed. In Buckley's opinion, both parents physically and medically neglected F.R.G.

         Buckley also monitored N.R.G. because he was placed in the same foster home. Buckley testified N.R.G. has more ongoing problems that took longer to treat. When N.R.G. was initially placed at the children's shelter, he could not walk and kept one leg bent when he crawled. He also was not eating well and preferred to drink from a bottle. N.R.G. was deaf in his right ear and was fitted with a device to assist him in hearing. At the time Buckley evaluated N.R.G., he was almost two; however, his development level was that of a nine or ten-month-old. During the period Buckley monitored N.R.G. from ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.