Court of Appeals of Texas, Fourth District, San Antonio
IN THE INTEREST OF H.B.C., S.C.C., and A.S.C., Children
the 288th Judicial District Court, Bexar County, Texas Trial
Court No. 2018-PA-01024 Honorable H. Paul Canales, Judge
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa,
Justice Beth Watkins, Justice
PATRICIA O. ALVAREZ, JUSTICE.
Mom appeals the trial court's order terminating her
parental rights to her children H.B.C., S.C.C., and
asserts the evidence is neither legally nor factually
sufficient to support the trial court's best interest
findings. We affirm the trial court's order.
11, 2018, based on a report of domestic violence, physical
abuse, and illegal drug use in the home, the Department was
granted temporary sole managing conservatorship of the
children. The children were removed from the home, and Mom
was placed on a service plan.[**]
teenage children were interviewed while Mom was in jail for
assaulting her boyfriend. They reported that Mom had
physically abused them, hitting them hard enough to leave
marks and bruises, and Mom had offered H.B.C. marijuana.
After one year, Mom had not completed her service plan.
Citing grounds (D), (E), (N), and (O), and the best interests
of the children, the trial court terminated Mom's
parental rights to H.B.C., S.C.C., and A.S.C. Mom appeals.
Required, Standards of Review
evidentiary standards the Department must meet and the statutory
grounds the trial court must find to terminate a
parent's rights to a child are well known, as are the
legal and factualsufficiency standards of review.
We apply them here.
for Terminating Mom's Parental Rights
Mom's Course of Parental Conduct
trial court found Mom's course of conduct met statutory
grounds (D), (E), (N), and (O). See Tex. Fam. Code
Ann. § 161.001(b)(1)(D), (E), (N), (O). On appeal, Mom
does not challenge the trial court's statutory grounds
Best Interests of the Children
Mom challenges the sufficiency of the evidence supporting the
trial court's finding that terminating her parental
rights is in her children's best interests. See
id. § 161.001(b)(2). The Family Code statutory
factors and the Holley
factors for the best interest of a child are well
known. Applying each standard of review and the applicable
statutory and common law factors, we examine the evidence
pertaining to the best interests of the children.
Witnesses at Trial
one-day bench trial, the trial court heard testimony from
Alex Wilson and Jennifer Castillo, Department case workers.
Mom had notice of the trial, but she did not appear in
person. The trial court also received recommendations from
the children's attorney ad litem. The trial court was the
"sole judge of the credibility of the witnesses and
the weight to give their testimony." See City of
Keller v. Wilson, 168 S.W.3d 802, 819 (Tex. 2005);
cf. In re H.R.M., 209 S.W.3d 105, 108 (Tex. 2006)
(per curiam). We summarize the testimony below.
Mom's Plan Compliance
three services that Mom was ordered to complete were a
psychological evaluation, a drug assessment, and a domestic
violence course. Mom completed the psychological evaluation
and the drug assessment, but she did not comply with the
respective recommendations and she did not participate in the
domestic violence classes. Mom was ordered to submit to a
hair follicle drug test, but she did not. Mom did not provide
proof of a safe and stable home or proof of income.
See Tex. Fam. Code Ann. § 263.307(b)(1), (7),
(8), (10), (11), (12); Holley v. Adams, 544 S.W.2d
367, 372 (Tex. 1976) (factors (B), (C), (D), (G), (H)).
Mom's Relationship with the Children
authorized visits with the children, but two of the three
refused her visits. The third child has special needs and is
not able to clearly express herself. Mom was allowed to visit
her, but Mom attempted to visit only once. The visit was
cancelled because Mom attacked her own mother in the parking
lot, and the police were called to intervene. Mom has also
physically abused the non-special needs children, and they
insist they do not want to be placed with Mom. They want to
be adopted by their ...