In re Interest of H.C.

• Decision Date: 01 April 2020
• Docket Number: No. 06-19-00097-CV,06-19-00097-CV
• Citation: 602 S.W.3d 654
• Parties: In the INTEREST OF H.C., a Child
• Court: Texas Court of Appeals

602 S.W.3d 654

In the INTEREST OF H.C., a Child

No. 06-19-00097-CV

Court of Appeals of Texas, Texarkana.

Date Submitted: February 26, 2020

Date Decided: April 1, 2020

OPINION

Opinion by Justice Stevens

The Department of Family and Protective Services (Department) filed a petition to terminate Kara's parental rights to her child, Harrison,¹ on the ground that she failed to comply with the provisions of a court order that specifically established the actions necessary for her to obtain Harrison's return after he had been in the temporary managing conservatorship of the Department for not less than nine months as a result of his removal for abuse or neglect. See TEX. FAM. CODE ANN. § 161.001(b)(1)(O) (Supp.). The trial court found that this ground for terminating Kara's parental rights existed and that termination of her parental rights was in Harrison's best interests.

On appeal from the termination of her parental rights, Kara argues that the evidence is legally and factually insufficient to support the trial court's best-interests finding. Because we find the evidence sufficient to support the trial court's conclusion that terminating Kara's parental rights was in Harrison's best interests, we affirm the trial court's judgment.

I. Standard of Review

"The natural right existing between parents and their children is of constitutional dimensions." In re E.J.Z. , 547 S.W.3d 339, 343 (Tex. App.—Texarkana 2018, no pet.) (quoting Holick v. Smith , 685 S.W.2d 18, 20 (Tex. 1985) ). "Indeed, parents have a fundamental right to make decisions concerning ‘the care, custody, and control of their children.’ " Id. (quoting Troxel v. Granville , 530 U.S. 57, 65, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) ). "Because the termination of parental rights implicates fundamental interests, a higher standard of proof—clear and convincing evidence—is required at trial." Id. (quoting In re A.B. , 437 S.W.3d 498, 502 (Tex. 2014) ). "This Court is therefore required to ‘engage in an exacting review of the entire record to determine if the evidence is ... sufficient to support the termination of parental rights.’ " Id. (quoting A.B. , 437 S.W.3d at 500 ). "[I]nvoluntary termination statutes are strictly construed in favor of the parent." Id. (quoting In re S.K.A. , 236 S.W.3d 875, 900 (Tex. App.—Texarkana 2007, pet. denied) (quoting Holick , 685 S.W.2d at 20 )).

"In order to terminate parental rights, the trial court must find, by clear and convincing evidence, that the parent has engaged in at least one statutory ground for termination and that termination is in the child's best interest." Id. (citing TEX. FAM. CODE ANN. § 161.001 ; In re E.N.C. , 384 S.W.3d 796, 798 (Tex. 2012) ). " ‘Clear and convincing evidence’ is that ‘degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.’ " Id. (quoting TEX. FAM. CODE ANN. § 101.007 ) (citing In re J.O.A. , 283 S.W.3d 336, 344 (Tex. 2009) ). "This standard of proof necessarily affects our review of the evidence." Id.

"In our legal sufficiency review, we consider all the evidence in the light most favorable to the findings to determine whether the fact-finder reasonably could have formed a firm belief or conviction that the grounds for termination were proven." In re L.E.S. , 471 S.W.3d 915, 920 (Tex. App.—Texarkana 2015, no pet.) (citing In re J.P.B. , 180 S.W.3d 570, 573 (Tex. 2005) (per curiam); In re J.L.B. , 349 S.W.3d 836, 846 (Tex. App.—Texarkana 2011, no pet.) ). "We assume the trial court, acting as fact-finder, resolved disputed facts in favor of the finding, if a reasonable fact-finder could do so, and disregarded evidence that the fact-finder could have reasonably disbelieved or the credibility of which reasonably could be doubted." Id. (citing J.P.B. , 180 S.W.3d at 573 ).

"In our review of factual sufficiency, we give due consideration to evidence the trial court could have reasonably found to be clear and convincing." Id. (citing In re H.R.M. , 209 S.W.3d 105, 109 (Tex. 2006) (per curiam)). "We consider only that evidence the fact-finder reasonably could have found to be clear and convincing and determine ‘whether the evidence is such that a fact[-]finder could reasonably form a firm belief or conviction about the truth of the ... allegations.’ " Id. (quoting H.R.M. , 209 S.W.3d at 109 ) (quoting In re C.H. , 89 S.W.3d 17, 25 (Tex. 2002) (citing In re J.F.C. , 96 S.W.3d 256, 264, 266 (Tex. 2002) )). "If, in light of the entire record, the disputed evidence that a reasonable fact[-]finder could not have credited in favor of the finding is so significant that a fact[-]finder could not reasonably have formed a firm belief or conviction, then the evidence is factually insufficient." Id. (quoting J.F.C. , 96 S.W.3d at 266 ). "[I]n making this determination," we must undertake "an exacting review of the entire record with a healthy regard for the constitutional interests at stake." In re A.B. , 437 S.W.3d 498, 503 (Tex. 2014) (quoting C.H. , 89 S.W.3d at 26 ).

"Despite the profound constitutional interests at stake in a proceeding to terminate parental rights, ‘the rights of natural parents are not absolute; protection of the child is paramount.’ " L.E.S. , 471 S.W.3d at 920 (quoting In re A.V. , 113 S.W.3d 355, 361 (Tex. 2003) (quoting In re J.W.T. , 872 S.W.2d 189, 195 (Tex. 1994) ) (citing In re M.S. , 115 S.W.3d 534, 547 (Tex. 2003) )). "A child's emotional and physical interests must not be sacrificed merely to preserve parental rights." Id. (quoting In re C.A.J. , 459 S.W.3d 175, 179 (Tex. App.—Texarkana 2015, no pet.) (citing C.H. , 89 S.W.3d at 26 )).

II. Factual and Procedural Background

Harrison was born to parents Kara and Sam in October 2017. After receiving reports of methamphetamine use, the Department filed a suit affecting the parent-child relationship against Kara and Sam and obtained temporary managing conservatorship of Harrison on February 21, 2018.

In addition to Harrison, Kara has two children from two prior relationships. When the Department initiated this matter, Kara's six-year-old daughter, Emmy, was placed with her biological father until the resolution of the case. Kara's fourteen-year-old daughter, Lucy, had already moved in with Kara's mother before Harrison was born because Lucy did not like Sam.

At trial, Kara testified that she was in a relationship with Sam for two and one-half years before the case was initiated and had been using methamphetamine for two years. Although she had used methamphetamine once or twice when she was nineteen, forty-year-old Kara testified that she had not tried the drug again until she met Sam. Kara testified that she also used marihuana for approximately one year.

While Sam failed to participate in the Department's family service plan, Kara completed all court-ordered services, parenting classes, psychological assessments, and counseling, and she attended Narcotic Anonymous meetings. Her success prompted Harrison's monitored return to Kara on September 18, 2018, but the trial court also ordered Kara to have "no contact with [Sam]." In November, the trial court terminated Kara's monitored return, and Harrison was placed back into foster care because Kara was having contact with Sam, who was described by the trial court as "an active meth user."

The trial court's no-contact order remained in place throughout the pendency of the case. Because it believed Kara had complied with that order, the Department recommended Harrison's return to Kara. The final hearing began in January 2019 and showed that Kara had not complied with the trial court's order.

Kara lived next door to Sam's parents. Chantal Finley, a Department conservatorship worker, testified that she made an unannounced visit to Kara's home in September 2018 and that Sam came to Kara's home during the visit. According to Finley, Sam was very angry, threatened her, and took photos of her and her car. Finley described the situation as "just horrible." She also informed the trial court that Kara had other contact with Sam in violation of the court's order, including on the weekend before the January hearing, when Sam was seen working in Kara's yard.²

According to Finley, Kara had not shown the ability to keep Harrison from Sam. As a result of Sam's "previous terminations, his non-compliance with this case, and his behaviors," Finley said she was concerned that Harrison was not safe in Sam's presence. Even so, Finley testified that she was not asking the Court to terminate Kara's parental rights because she believed it would not be in Harrison's best interests. Finley said she had no concerns with Kara's parenting, mental health, or drug use. When asked if it was in Harrison's best interests to remain with Kara, Finley testified, "If she can abide by the Court order and not allow [Sam] access to the child."

Harrison's foster mother, Beth, had provided Finley with the photo of Sam working in Kara's yard. She believed that Kara was home at the time because her car was in the photo, but testified that Harrison was with her, not Kara, when Sam was doing the yardwork. Beth testified that Sam was a danger to the child, but could not say why she believed Harrison would be harmed by contact with Sam. According to Beth, Kara showed an inability to keep the child from Sam and believed there would be continued contact between the two as long as Kara lived next door to Sam's parents.

That said, Beth echoed Finley's testimony that it was not in Harrison's best interests for Kara's parental rights to be terminated. Beth testified that Harrison and Kara had a good mother-son bond, that Kara loved Harrison, that she had no objection to Kara's parenting, and that she had not seen Kara cause any harm to the child. Beth said, "I would be okay with the child living with his mother if she didn't live next door to [Sam's] parents." To facilitate the child's return, Beth testified that, although there were no pleadings...