In re O.R.F.

Decision Date19 November 2013
Docket NumberNo. 06–13–00058–CV.,06–13–00058–CV.
Citation417 S.W.3d 24
PartiesIn the Interest of O.R.F., a Child.
CourtTexas Court of Appeals

OPINION TEXT STARTS HERE

Lew Dunn, Law Offices of Lew Dunn, Longview, for Appellant.

Michael C. Shulman, Office of General Counsel, Austin, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice CARTER.

Wendy Reese–Manns was addicted to methamphetamine. The consequences of her drug use materialized in the termination of her maternal relationship with six-year-old O.R.F. following a suit brought by the Department of Family and Protective Services (the Department). After considering and addressing all issues Manns raises on appeal, we affirm the trial court's judgment.

I. Factual Background

The Department initially became involved after it “received a report advising that Ms. Manns and [her newborn baby, G.B.,] both tested positive for methamphetamines at the time of delivery” on February 26, 2012. Manns admitted to Leesa Davis, an investigator with the Department, that she had recently used methamphetamine1 and that the newborn was “up for adoption.” When Davis asked Manns where her then five-year-old daughter, O.R.F., and her four-year-old son, D.J.,2 were living, Manns replied that they were left with her sister, Maria Lawson, and “had been there off and on for several months.”

When asked about her past relationships, Manns reported a disturbing pattern. In 2004, Manns said she was “in a relationship with a guy [named Mario] that did turn a little bit violent at the end.” She then “admitted that she had been in a domestic violence relationship with a Quincy Jacobs,3 that at one time he had pinned her up against the wall with the children watching, and had tried to have ... sex with her with the children watching.” During the pendency of the Department's investigation, Manns' family reported that she was “living in a RV” with Clint Humphrey, “who has used drugs.” In an effort to assist Manns, Davis referred her to family-based safety services and permitted the children to remain with Lawson.

Karen Roberson, a conservatorship worker with the Department, explained to Manns the gravity of the Department's concern, the consequences of non-compliance with the Department's directives, and the importance of staying in contact with the Department. After various intakes, evaluations, and meetings, a family service plan, which provided for reunification on May 20, 2013, was signed on March 30, 2012. The plan required drug treatment, random drug testing, participation in a drug assessment, completion of a psychological evaluation, participation in domestic violence training, regular weekly communication with caseworkers, completion of a parenting class, and payment of any court-ordered child support. In addition, Manns was to obtain treatment for her mental health needs, demonstrate an ability to keep appointments, and notify the Department of any difficulties with transportation to various appointments. After successful completion of the above, Manns was required to demonstrate her financial ability to care for the child by providing an appropriate home and “maintain[ing] appropriate housing for at least 4 months” in order to secure the return of O.R.F.

The Department's first goal was to assist in treating Manns' drug addiction. Davis determined that Manns should first “seek out ... an appointment for the Beginnings,” an out-patient drug treatment program. Davis gave Manns “all the information in order for her to set up an appointment,” but no appointment was scheduled until Davis did so one month later. Manns missed both this appointment and a second appointment that Davis had subsequently arranged. Davis told the court that it “was very hard” to keep in contact with Manns during the months of April and May 2012. Davis testified, “I left her messages, I called her mother to try to get her to call me. I went out to her residence several times; I left notes on the doors. I even put-I sent her a certified letter out to her residence to try to get her to call me.” When Davis was finally able to contact Manns, she agreed to take a drug test but “never showed up.” Despite Davis' reminders and warnings, Manns' excuse for missing the Beginnings appointments and the drug test was simply that she had forgotten. Davis testified, [S]he was not very cooperative at all.”

Manns took a drug test on May 4, 2012, and Davis testified that the levels of amphetamines and methamphetamines were very high. Manns was still living with Humphrey, a man who Roberson testified “has another CPS case where [there] was concern[ ] about that child and the welfare of his child.” Roberson said, [W]e talked over and over again about her leaving Mr. Humphrey's home and going to a shelter and trying to get away from that. She wasn't interested.” It became clear that Manns was making no effort to change, and on May 18, the Department filed its “Original Petition for Protection of a Child, for Conservatorship, and for Termination in Suit Affecting the Parent–Child Relationship.” On May 29, the trial court adopted the service plan and entered temporary orders requiring Manns to “submit to and cooperate fully in the preparation of the court-ordered drug and alcohol dependency assessment,” “attend the drug treatment recommended,” “submit to random drug testing within 24 hours of the request from the caseworker,” “comply with each requirement set out in the Department's original, or any amended, service plan during the pendency of this suit,” and “complete parenting classes.” The order allowed Manns to have one hour of supervised visitation per week and required her to pay child support to the Department in the amount of $227.83 per month.

The Department continued its efforts to assist Manns, but Roberson testified she missed mental health appointments and two additional appointments at Beginnings. Roberson testified, “There was one time she had a bruise on her arm,” indicating that Manns was still being subjected to domestic violence. Community Healthcore licensed chemical dependency counselor, Debbie Barnes, testified that Manns was referred on July 12 “to the dual diagnosis program through the intensive outpatient program,” which would also treat Manns' mental health. In total, Manns attended only two individual sessions, which “were basically ... getting her admitted.” Manns was not working at the time and did not have the transportation to attend the “four days a week” program.4

Barnes testified, “The psychiatrist said he was not going to give her any medication while she was still using because she was testing positive.” During one meeting with the psychiatrist, “there was an indication that she had used that day,” and Manns admitted to the use. Manns reportedthat Humphrey, whom she was living with[,] was also a substance abuser and alcohol and drugs, and that when he would get high he would abuse her.” 5 They discussed in-patient care and the possibility of Manns “being admitted to Oak Haven Recovery Center, which is also with[in] Community Healthcore.” However, when seeking to follow up on this possibility, Barnes was unable to get in contact with Manns. After trying many times to contact her, Barnes discharged Manns from the program on September 13.

Manns did not appear for all of her supervised visits and would miss “on average one to two a month.” Roberson testified, “When I was the caseworker, she avoided drug tests. I would call her and ask her to go, and she would say she would and then wouldn't show.” Manns “missed some [drug] tests in September, October, and [November].”

Around the October–November timeframe, Manns discovered that she could not be admitted into an in-patient drug treatment program “because her blood pressure was elevated and not treated with medication” and because she did not “have a birth certificate and a valid Texas driver's license or I.D. to seek medical treatment.” When Manns claimed she would only be successful if she went to in-patient treatment, Roberson said, [I]f the in-patient isn't available, you need to go to out-patient.” When asked why she did not seek drug treatment prior to October, Manns replied that “at that time, I thought I had it under control, which was absolutely out of control. I was not willing to admit I had a drug addiction, was not willing to do it for my children.”

At a November 14, 2012, review hearing, the trial judge warned Manns, after hearing from all parties, that she had “a lot of work to, do.” Again, the Department's service plan was adopted as an order of the court. A drug test administered before the November 14 hearing “came back ... extremely positive.”

Roberson ended a supervised visit on December 28, 2012, so that Mann could take a drug test. The test was positive, and Roberson testified she “did not hear from [Manns] at all the month of January” 2013.

While Manns was doing drugs, O.R.F. was receiving treatment. Roberson testified O.R.F. had “seen her mother in domestic violent situations.” Roberson stated that O.R.F. “sat through at least a couple situations that I'm aware of.” Stenet Palmer Frost, a licensed professional counselor, treated O.R.F. while she was living with Lawson and described her behavior during their first meeting in August 2012 as “aggressive.” During one occasion, O.R.F. had a “meltdown [that] included crying, kicking, screaming, and she had to be removed from the setting and to time out, and it required additional attention from the caregiver.” Frost testified that O.R.F. “hardly ever mentioned her” mother. She reported that “on the weeks where there was no contact with her mother, [O.R.F.'s] behavior was far more appropriate.” After some time, O.R.F. stopped [g]etting on the coffee table, running around, yelling” and “displayed a good understanding of the house rules ... and asking permissions for things she desired.” Her...

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