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 T.B. Jr.

Court of Appeals of Texas, Ninth District, Beaumont

November 9, 2017

IN THE INTEREST OF T.B. JR.

          Submitted on October 3, 2017

         On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-224, 541-A

          Before McKeithen, C.J., Kreger and Horton, JJ.

          MEMORANDUM OPINION

          CHARLES KREGER Justice

         Appellant, M.W., appeals the trial court's order terminating her parental rights to her son, T.B., Jr.[1] In four points of error, M.W. ("Mother") contends that the evidence was legally and factually insufficient to support termination of her parental rights under any of the three statutory predicate grounds found by the trial court or that termination was in the best interest of the child. We affirm.

         I. Background

         Mother and T.B.[2] are the biological parents of T.B., Jr. Mother also has three other children, two of whom were fathered by T.B. In July 2015, one year before T.B., Jr. was born, the Department of Family and Protective Services (the "Department") removed Mother's three older children from her care as a result of Mother testing positive for marijuana while pregnant with her third child and subsequently leaving the three children, then two toddlers and an infant, at home alone.

         The Department developed a service plan for Mother and T.B., which set forth the various tasks required of each parent in order to obtain the return of the children, and began working with them in an attempt to achieve family reunification. During the course of that case, Mother became pregnant with T.B., Jr. In March 2016, while still working services in the prior case and while five months pregnant with T.B., Jr., Mother tested positive for marijuana.

         Upon T.B., Jr.'s birth in July 2016, the Department commenced the instant suit by filing an original petition seeking conservatorship of T.B., Jr. and termination of parental rights. On the day the Department filed its original petition, the trial court entered an ex parte order for protection of a child in an emergency, and the child was soon placed in a nonrelative foster home. On August 16, 2016, the court held an adversary hearing and named the Department temporary managing conservator of the child. Following the hearing, the trial court signed temporary orders that required Mother and T.B. to complete certain specific actions in order to obtain the return of the child, including counseling and drug testing, and also "to comply with each requirement set out in the Department's original, or any amended, service plan during the pendency of this suit."

         Approximately six weeks later, at a status hearing attended by both parents, the Department announced that the parties had reached an agreement that permanent managing conservatorship of all three of Mother's older children would be transferred to other relatives, concluding the Department's case involving those children, and that Mother and T.B. would continue to work the prior plan of service in this case in an effort to achieve reunification with T.B., Jr., only. Following the hearing, the trial court approved the parties' agreements regarding the older children and entered an order in this case that incorporated the Department's service plans and made them an order of the court.

         On May 30, 2017, the Court held a bench trial in this cause. Mother and T.B. were both represented by counsel at trial, but neither attended in person. At the trial, the Department's caseworker testified that she had spoken with Mother the day before and that Mother knew she was expected to be present for trial, but Mother had told her she could not miss work. At the conclusion of the hearing, the court terminated Mother's parental rights after finding by clear and convincing evidence that Mother had:

knowingly placed or knowingly allowed the child(ren) to remain in conditions or surroundings which endanger the physical or emotional well-being of the child(ren);
engaged in conduct or knowingly placed the child(ren) with persons who engaged in conduct which endangers the physical or ...

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.