In re G.C.

• Decision Date: 03 January 2002
• Docket Number: No. 2-99-003-CV.,2-99-003-CV.
• Citation: 66 S.W.3d 517
• Parties: In the Interest of G.C., A Minor Child.
• Court: Texas Court of Appeals

66 S.W.3d 517

In the Interest of G.C., A Minor Child.

No. 2-99-003-CV.

Court of Appeals of Texas, Fort Worth.

January 3, 2002.

Simon C. Gonzalez, Fort Worth, Attorney for Appellant.

Jerry Buckner, Weatherford, Attorney Ad Litem.

Fred M. Barker, Assistant County Attorney, Weatherford, Attorney for Appellee.

PANEL A: CAYCE, C.J., and DAY and DAUPHINOT, JJ.

OPINION

SAM J. DAY, Justice.

I. INTRODUCTION

Appellant F.M. appeals the trial court's judgment terminating her parental rights to her child G.C. Appellant raises four issues on appeal challenging the trial court's denial of her motion for a twelve-person jury, the constitutionality of section 25.0007 of the Texas Government Code, and the legal and factual sufficiency of the evidence to support the termination of her parental rights. We affirm.

II. BACKGROUND

In 1995, Linda Blair, a caseworker with the Texas Department of Protective and Regulatory Services (TDPRS), was called to intervene in a medical situation between Dr. Jyothi Reddy and Appellant. Dr. Reddy wanted to take a blood sample to determine the cause of G.C.'s obesity; however, Appellant refused to give permission. At this time, G.C. was four years old and weighed ninety-seven pounds. Due to this report, TDPRS began an investigation of Appellant for medical neglect.

During the course of TDPRS's investigation, Appellant changed doctors two times. G.C.'s ultimate doctor, Dr. Susan Walker, placed him on a strict diet to combat his obesity. Despite Dr. Walker's instructions, however, G.C.'s weight continued to climb throughout the end of 1995 and first half of 1996, ultimately reaching 136 pounds. G.C. was hospitalized in April 1996 because he was having difficulty breathing and for a mildly enlarged heart and mild congestive heart failure. Dr. Walker continued to see G.C. after he got out of the hospital, but G.C.'s weight failed to make any depreciable change. Therefore, Dr. Walker contacted Child Protective Services. G.C. was consequently removed from Appellant's care and placed in the care of Susan Kaler, G.C.'s first foster mother. During his time with Kaler, G.C.'s weight began to drop.

Initially, TDPRS attempted to help Appellant by bringing in a "homemaker" to be a role model to Appellant, referring Appellant to Family Services for parenting classes, and providing Appellant with a service plan. However, after Appellant became noncompliant, TDPRS moved to terminate Appellant's parental rights.

III. CONSTITUTIONALITY OF SECTION 25.0007 OF THE TEXAS GOVERNMENT CODE

Prior to trial, Appellant orally and by written motion requested that the trial court empanel a twelve-member jury, which the trial court denied. In her first through third issues, Appellant complains about the trial court's denial of her motion.

Appellant's case was heard in the Parker County Court at Law, a statutory county court. See Tex. Gov't Code Ann. § 25.1861 (Vernon 1988). Section 25.1862(a)(2) of the government code provides that the Parker County Court at Law has concurrent jurisdiction with the district court over family law matters, which include termination of parental rights. Id. § 25.1862 (Vernon Supp.2002); see also id. § 25.0002 (including termination of parental rights in the definition of "family law cases and proceedings"). Under section 25.0007 of the government code, all practice and procedural rules, other than the number of jurors, governing "the conduct of trials and hearings in the statutory county courts ... that involve... matters of concurrent jurisdiction with district courts are governed by the laws and rules pertaining to district courts." Id. § 25.0007 (Vernon Supp.2002). Under this statutory scheme, while Appellant's family law case fell within the concurrent jurisdiction of the district court and statutory county court, the number of jurors was still governed by the law of the county courts. See id. (providing that the drawing of jury panels and selection of jurors in a statutory county court must conform to the law of the county courts). If the case were heard in the statutory county court, then, pursuant to the government code, the parties would be entitled to a six-member jury. See id., see also Tex. Const. art. V, § 17 (explaining that a jury in a county court is to be composed of six members). However, if that same family law case were tried in the district court, then the government code would mandate a twelve-member jury. See Tex. Const. art. V, § 13 (providing for a twelve-member jury in cases brought in district court). Therefore, because Appellant's termination case was heard in the statutory county court, Appellant was only entitled to a jury composed of six members. See Tex. Const. art. V, § 17. As such, the trial court did not err in denying Appellant's motion to empanel a twelve-member jury in her termination trial.

Appellant, however, alleges that the empaneling of only six jurors violated her equal protection and due process rights under the Fourteenth Amendment of the United States Constitution and Article I, Section 3 of the Texas Constitution. Specifically, Appellant complains about section 25.0007's constitutionality, arguing it: (1) "fails to afford the same protection and right to a twelve-member jury trial on issues of family law heard in a statutory county court having concurrent jurisdiction with the district court" as are afforded to other issues subject to the concurrent jurisdiction with the district court and (2) "deprives Appellant the rights that are afforded to any other litigant in any district court regarding family law cases and proceedings."

A. EQUAL PROTECTION

Appellant essentially argues that the statutory scheme creates a discriminatory classification that violates her equal protection rights.¹ The basis of Appellant's first argument is that a party to a family law case in the Parker County Court at Law should be entitled to a twelve-member jury just as litigants are when the Parker County Court at Law acts as a statutory probate court.

As mentioned above, the government code gives the statutory county court of Parker County concurrent jurisdiction over family law matters with the district court. Tex. Gov't Code Ann. § 25.1862(a)(2). When the statutory county court addresses a family law issue over which it has concurrent jurisdiction with the district court, the government code mandates that it follow the law for county courts in determining the number of jurors. Id. § 25.0007. Under section 25.0007, a party to a family law proceeding in a statutory county court is entitled to a six-member jury. Tex. Const. art. V, § 17. Appellant argues that the same is not true when the statutory county court acts as a statutory probate court.

Appellant alleges that "when the Parker County Court at Law hears a probate case involving an issue of concurrent jurisdiction with the district court, it becomes a statutory probate court" and is subject to the provisions of section 25.0027 of the government code that provides for a twelve-member jury. However, Appellant's characterization of the statutory county court's jurisdiction over probate matters is inaccurate. It is true that a party bringing a probate matter before a statutory probate court is entitled to a twelve-member jury. See Tex. Const. art. V, § 13 (establishing the number of jurors in a district court proceeding); Tex. Gov't Code Ann. § 25.0027 (Vernon Supp.2002) (providing that the number of jurors in a probate court matter is governed by the laws pertaining to district courts). However, a statutory probate court and a statutory county court are not one in the same; a statutory county court does not become a statutory probate court by the mere exercise of its probate jurisdiction. See Tex. Gov't Code Ann. § 25.0003(f) (stating that a statutory county court does not have the jurisdiction granted to a statutory probate court by the Texas Probate Code); Id. § 25.0022(a) (explaining that a statutory probate court has the meaning set out in the probate code); Tex. Prob.Code Ann. § 3(ii) (Vernon Supp.2002) (providing that "a county court at law exercising probate jurisdiction is not a statutory probate court under this Code unless the court is designated a statutory probate court under Chapter 25, Government Code").

The government code has not established any statutory probate court in Parker County. Instead, chapter 25 of the government code has merely given the statutory county court of Parker County concurrent jurisdiction with the district court over contested probate matters. See Tex. Gov't Code Ann. § 25.1863(b) (Vernon Supp.2002). Therefore, family law matters and contested probate matters heard by the Parker County Court at Law are both governed by the same provisions of the government code relating to the number of jurors. See Tex. Gov't Code Ann. § 25.1862 (providing for Parker County Court at Law's concurrent jurisdiction with the district court over family law matters); Id. § 25.1863 (establishing Parker County Court at Law's concurrent jurisdiction with the district court over contested probate matters); Id. § 25.0007 (stating that number of jurors in matter subject to concurrent jurisdiction between statutory county court and district court is governed by laws prescribed to county courts). Accordingly, because the government code does not distinguish between parties involved in probate and family law matters heard by the Parker County Court at Law, it is not subject to equal protection scrutiny. See Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir.) (explaining that when state action does not "`appear to classify or distinguish between two or more relevant persons or groups, ... the action—even if irrational—does not deny them equal protection of the laws'.... because such state actions are not subject to Equal Protection scrutiny") (citations omitted), cert. denied, 522 U.S. 995, 118 S.Ct. 559, 139 L.Ed.2d 400 (1997); Sanders, 36 S.W.3d at 225 (stating that party asserting equal...