In re S.D.H.B.
| Docket Number | 14-23-00343-CV |
| Decision Date | 02 November 2023 |
| Parties | IN THE INTEREST OF S.D.H.B., A/K/A S.H., A.N.H., A/K/A A.H., M.E.R.B., A/K/A M.S., AND M.M.R., A/K/A M.R., Children |
| Court | Texas Court of Appeals |
On Appeal from the 313th District Court Harris County, Texas Trial Court Cause No. 2022-00658J
Panel consists of Chief Justice Christopher and Justices Bourliot and Hassan.
B.B ("Mother") appeals the trial court's final order terminating her parental rights to her four minor daughters, S.D.H.B., A.N.H., M.E.R.B., and M.M.R. The trial court terminated Mother's parental rights on predicate grounds of endangerment and failure to comply with the court-ordered service plan for reunification. See Tex. Fam. Code § 161.001(b)(1)(D), (E), (O). The trial court further found that the termination of parental rights was in the children's best interest. See id. § 161.001(b)(2). In three issues, Mother challenges the legal and factual sufficiency of the evidence to support the trial court's endangerment findings and its best interest determination. We affirm.
In its final decree, the trial court terminated the parental rights of Mother and the respective fathers to each of the four children. Only Mother has filed an appeal. Mother does not challenge the trial court's finding on the predicate ground of failure to comply with the court-ordered service plan for reunification under Family Code section 161.001(b)(1)(O). As stated, she challenges the trial court's endangerment findings and best interest determination. Although only one predicate finding is required for termination, endangerment findings under subsections D and E are challengeable on appeal regardless of other predicate findings because of the collateral consequences of such findings. See In re N.G., 577 S.W.3d 230, 235 (Tex. 2019) ().
Trial was held on April 6, 2023. At that time, S.D.H.B. was nine years old, A.N.H. was eight years old, M.E.R.B. was a little over two years old, and M.M.R. was about a year old. Mother lost custody of the children, and this case began, in April 2022, after Mother and M.M.R. tested positive for amphetamine and methamphetamine and M.M.R. tested positive for marijuana while in the hospital for M.M.R.'s birth. The children had therefore been out of Mother's care for almost one year at the time of trial.
According to a Permanency Report prepared by the Texas Department of Family and Protective Services (the "Department") and admitted into evidence, M.M.R. began exhibiting withdrawal symptoms at the hospital and the Department sought temporary managing conservatorship over all four children due to Mother's history of substance abuse. The children were thereafter placed in foster homes, with the elder two placed in one home together and the younger two placed in a different home together. Although the Department's initial goal was return of the children to Mother's custody, that changed in September 2022 due to her failure to engage in recommended services and continuing to test positive for illegal substances. The Department's goal at the time of trial was adoption by unrelated parties. The report also notes that the Department had previously concluded there was reason to believe reports of neglectful supervision by Mother of one or more of the children in February and again in December 2020. But the report contained no details regarding these allegations.
Further according to the report, S.D.H.B. was diagnosed as having "Adjustment Disorder, with mixed anxiety and depressed mood"; A.N.H. was diagnosed as having "Adjustment Disorder, [with] Depressed mood"; and both of the older girls were to be additionally considered for treatment for suspected child neglect, psychological abuse, and academic problems. The report additionally detailed the services that Mother had been directed to complete and her persistent failure to do so. She was referred three times for a substance abuse assessment before she participated in the assessment, but then she failed to complete the recommended services, including being "unsuccessfully discharged" from group and individual therapy for nonattendance. Mother was referred four times for a psychological evaluation before completing the evaluation. Mother was also referred for a domestic violence assessment three times; on the third referral, she was scheduled to participate on three occasions but failed to participate, and the service was terminated. Mother was referred to parenting classes but did not provide any proof of attendance.
As the report notes, after testing positive for illegal substances in April 2022, Mother was ordered to undergo monthly random drug testing starting in May 2022. She failed to participate in May, June, July, September, November, January, or February. In August, Mother's urine sample tested positive for marijuana, and her hair sample tested positive for marijuana, amphetamines, and methamphetamines. In October, her urine again tested positive for marijuana, but she did not provide a hair sample. In December, her urine again tested positive for marijuana, and her hair tested positive for marijuana and methamphetamines. The court also ordered additional testing in October and February. She tested positive for marijuana, amphetamines, and methamphetamines in the additional October testing and for marijuana and methamphetamines in the February testing.
Mother was the first witness to testify at trial. She stated that she had a month-to-month lease for an apartment, but she did not intend to stay there long term. She was not currently working and said she needed some help. She was last employed in January 2023 and had received help from a church and was looking into other organizations and charities. She explained that someone had stabbed her in the leg and she was scared to go out and look for work, but she had applied for a job at a check cashing place the month before trial and previously at a wings restaurant. She said that she had $25 in "each" savings account, and when asked how she intended to pay rent, she first said, "I have my little jobs going on." Later, she indicated she was looking into victim compensation. She also stated that when the case began, she was working "side gigs," which apparently included cleaning houses and offices with her sister, cooking food, and working at the NRG complex for a month.
She acknowledged last using marijuana in January but insisted she did not use cocaine and could not recall the last time she used methamphetamine, although she said she knows it was the previous year. She was not sure if her December test had been positive but alleged that if she was tested on the day of trial, the test would be negative, except probably for marijuana. She acknowledged using methamphetamine every month the previous year, including during the pendency of the case, but said it was not every week. She acknowledged that the trial judge had informed her that she could lose her parental rights if she continued to use illegal drugs. She also said that she wants to take those drugs "off the street."
Mother asserted that she had "hit rock bottom" but was no longer in a dark place. She did not want to lose her parental rights and would choose her children over drugs. She said the court should return her children to her because she was not using methamphetamine anymore, takes full responsibility, and had done some research on the issue of drugs. She had been using drugs off-and-on for about three years. She said that she had entered in-patient treatment on the recommendation of a Child Protective Services employee, but she signed herself out after a week because she could not deal with the pressure. She admitted she had been an addict, and when asked what her sobriety plan was, she replied, She also stated, however, that she was willing to go back for in-patient treatment "today."
Mother testified that she was common-law married to J.S.R., who is the father of M.E.R.B. He supported the children and paid for their apartment, food, and other stuff. Mother said that all of the children love him. H.H. is the father of the older two girls, and Mother testified that the father of M.M.R. died before she was born.
J.S.R. next testified that he is married to Mother but is currently in jail for domestic violence against her. He explained that they had been drinking and someone had touched Mother and he pushed her into a car and also bit her. Later in his testimony, he also acknowledged hitting her. He admitted to using illegal drugs the prior year and testing positive for illegal drugs in December but asserted he had not used drugs since then except for marijuana and never used drugs in front of the children. He acknowledged that he had provided support for Mother and the children and that he loved all the children. He has seen Mother since the assault and talks to her, and they have discussed not using drugs anymore. He is concerned about being deported.
The foster mother for the older two girls testified that she and her husband would like to adopt the girls if that becomes an option. She said that they have given the girls the stability the girls did not have before and have provided for all the girls' needs for the last month, including housing emotional, physical, and medical needs; taking them to school; and making sure they do well in school. The girls thrive...
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