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In re I.S.

Court of Appeals of Texas, Fourth District, San Antonio

April 3, 2019

IN THE INTEREST OF I.S., a Child

          From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 17-2619-CV-C Honorable Thomas Nathaniel Stuckey, Judge Presiding

          Sitting: Sandee Bryan Marion, Chief Justice, Patricia O. Alvarez, Justice, Beth Watkins, Justice

          MEMORANDUM OPINION

          Patricia O. Alvarez, Justice

         Appellant Dad appeals the trial court's order terminating his parental rights to his child I.S.i Dad asserts the evidence is neither legally nor factually sufficient for the trial court to have found by clear and convincing evidence that his course of conduct met any of the alleged statutory grounds for termination.

         Because Dad did not challenge the trial court's finding on best interest of the child, and the evidence was legally and factually sufficient to support the trial court's findings for at least one of the statutory grounds, ii we affirm the trial court's order.

         i To protect the minor's identity, we refer to Appellant and the child using aliases. See Tex. R. App. P. 9.8.

         ii Because Dad is the only appellant, we recite only those facts that pertain to Dad or the child.

         Background

         I.S. was born to Mom and Dad in late 2010. In June 2012, Dad was charged with assaulting Mom and causing her bodily injury. Because of an earlier assault conviction, Dad was convicted of felony assault causing bodily injury to a family member and sentenced to ten-years' probation. In 2015, after Dad and Mom divorced, his probation was revoked, and he was incarcerated; he was paroled in August 2017. As a condition of his parole, he could have no contact with Mom or I.S.

         In December 2017, the Department of Family and Protective Services petitioned for temporary managing conservatorship of I.S. because of, inter alia, Mom's ongoing abuse of drugs and alcohol. The trial court granted the Department's petition and placed Mom and Dad on service plans. During the plan period, Dad was again arrested and again incarcerated.

         After a one-day bench trial, citing grounds (D), (E), and (O), [1] and the best interest of the child, the trial court terminated Dad's parental rights to I.S. Dad appeals.

         Evidence Required, Standards of Review

         The evidentiary standards[2] the Department must meet and the statutory grounds[3] the trial court must find to terminate a parent's rights to a child are well known, as are the legal[4] and factual[5]sufficiency standards of review. We apply them here.

         Bases for Terminating ...


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