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In re A.G.

Court of Appeals of Texas, Seventh District, Amarillo

April 27, 2018

IN THE INTEREST OF A.G. AND A.G., CHILDREN

          On Appeal from the 320th District Court Potter County, Texas Trial Court No. 89, 336-D, Honorable Don R. Emerson, Presiding

          Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          MEMORANDUM OPINION

          JAMES T. CAMPBELL JUSTICE

         Appellant, D.G., [1] appeals the trial court's order terminating his parental rights to his children, A.G. and A.G.[2] We will affirm the judgment of the trial court.

         Background

         This case involves a female child, A.G., nine years old by the time of the final hearing, and a male child, A.G., then six years old. The children have an older half-sister, A.E., who was a teen at the time of the final hearing.[3]

         The Texas Department of Family and Protective Services became involved with the family after allegations of neglectful supervision, domestic violence and drug use by both parents were reported. In November 2016, the Department filed pleadings that included an original petition for protection of a child, for conservatorship, and for termination.

         About the time the Department became involved, D.G. voluntarily entered a rehabilitation facility for addiction to synthetic marijuana. D.G. remained in the facility for 28 days. In September 2016, the mother was admitted to a mental health facility after she attempted to commit suicide. When she left the facility, she failed to take her prescribed medication and continued to abuse methamphetamine.

         The children were removed from the care of the mother and D.G. and placed in foster care. A.E. was placed with a maternal cousin and the younger two children were placed with a maternal aunt and her husband. The children remained in that placement at the time of the final hearing.

         A final hearing was held in November 2017. Two counselors, a Department investigator, a Department caseworker, the children's foster father and D.G. testified. The main concerns in the hearing involved domestic violence and drug use.

         After hearing the evidence, the court took the matter under advisement. A final written order was subsequently signed, reflecting that the trial court terminated D.G.'s parental rights to his two children based on a finding that clear and convincing evidence showed D.G. violated sections D, E, and O of section 161.001(b)(1) of the Texas Family Code. Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O) (West 2018). The trial court also found that clear and convincing evidence demonstrated that termination was in the children's best interest. Tex. Fam. Code Ann. § 161.001(b)(2).

         Appealing the order, D.G. challenges the legal and factual sufficiency of the evidence supporting the predicate grounds on which the trial court terminated his parental rights. D.G. does not challenge the trial court's finding with regard to the best interest of his children. We will therefore not discuss the evidence of best interest except as it pertains to our analysis of the sufficiency of evidence supporting the predicate grounds on which the court relied.

         Analysis

         Standard of Review ...


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