Court of Appeals of Texas, Fourth District, San Antonio
the 288th Judicial District Court, Bexar County, Texas Trial
Court No. 2016-PA-01311 Honorable H. Paul Canales, Judge
Sitting: Marialyn Barnard, Justice Patricia O. Alvarez,
Justice Irene Rios, Justice.
appeals the trial court's order terminating her parental
rights to her daughter, J.N.T. The only predicate statutory
ground the trial court found in support of termination was
Y.T.'s failure to comply with the provisions of a court
order specifically establishing the actions she needed to
take to obtain the return of J.N.T. Y.T. contends the
evidence is legally and factually insufficient to support the
trial court's finding on the predicate statutory ground.
We affirm the trial court's order.
16, 2016, the Texas Department of Family and Protective
Services filed a petition to terminate Y.T.'s parental
rights to J.N.T. On the date the petition was filed, J.N.T.
was twenty-two months old. A bench trial was held on November
family service plan for Y.T. was filed of record on August
18, 2016; however, the plan was signed only by the
Department's representatives. On August 23, 2016, a
status hearing was held, and the trial court incorporated the
service plan into its order, making the service plan an order
of the court. Y.T. signed the service plan on October 28,
service plan identified several "service plan
goals" also called "changes needed to reduce risk,
" including the willingness and ability to protect
J.N.T. from harm, actively participating in therapy,
demonstrating an ability to provide J.N.T. with basic
necessities, and altering behaviors that expose J.N.T. to
risk of harm. In addition, the service plan also identified
specific "tasks and services" Y.T. was required to
complete, including maintaining employment and providing the
caseworker with monthly paycheck stubs and participating in
trial court's December 13, 2016 permanency hearing order,
the court found Y.T. "has not demonstrated adequate and
appropriate compliance with the service plan, but she has
begun to engage." In its March 21, 2017 permanency
hearing order, the trial court found Y.T. "has not
demonstrated adequate and appropriate compliance with the
service plan." In its July 11, 2017 permanency hearing
order, the trial court found Y.T. "has demonstrated
partial compliance with the service plan." In its final
permanency hearing order before final order dated October 24,
2017, the trial court found Y.T. "has not demonstrated
adequate and appropriate compliance with the service
trial, Y.T. testified she was employed as a housekeeper at a
hotel, but admitted she had not provided her caseworker with
her paystubs. Y.T. acknowledged she had only been employed in
her current job for a week, but she testified she was
employed at a different hotel before her current job.
the date the underlying case was filed, Y.T. was dating
Matthew E., a registered sex offender with whom she had
another baby, S.E., approximately six months before trial.
Y.T. admitted lying to her caseworker about her relationship
with Matthew E. Y.T. testified she stopped dating Matthew E.
in August of 2017, and subsequently dated Robert L., whose
child had been removed from his care by the Department. Y.T.
stated she dated Robert L. for only one month in October of
2017, and she no longer dated him.
admitted she had been involved in several verbal altercations
at the homeless shelter where she was living. Y.T. further
admitted the confrontations were jeopardizing her ability to
stay at the shelter. Y.T. identified several tasks or
services from her plan that she had completed; however, she
admitted she did not complete her individual therapy.
first therapist testified Y.T.'s progress was uneven. One
homework assignment Y.T. was asked to complete was to observe
others' parenting skills to identify good parenting
skills. Y.T. told the therapist she did not complete the
assignment because she did not get involved in other
people's business. Because Y.T. was ...