W--- H--- v. Moore

• Decision Date: 19 December 1979
• Docket Number: A,W--,No. 20088,H-,20088
• Citation: 591 S.W.2d 645
• Parties: ppellant, v. Marjorie S. MOORE, Supervisor for Social Service Unit 083, Texas Department of Human Resources, Appellee.
• Court: Texas Court of Appeals

Page 645

591 S.W.2d 645

W-- H--, Appellant, v. Marjorie S. MOORE, Supervisor for Social Service Unit 083 Texas Department of Human Resources, Appellee.

No. 20088.

Court of Civil Appeals of Texas, Dallas.

Dec. 19, 1979.

Richard A. Beacom, Jr., Greenville, for appellant.

Frederick C. Shelton, Jr., Greenville, for appellee.

Before AKIN, ROBERTSON and HUMPHREYS, JJ.

HUMPHREYS, Justice.

ON THE MERITS

This appeal is from an order terminating a mother's parental rights to two children. In a prior opinion, this court directed the trial judge to make specific findings of fact under Tex.Fam.Code Ann. § 15.02(1)(D) and (E) (Vernon Supp. 1978-1979). See W H v. Moore, 589 S.W.2d 830 (Tex.Civ.App. Dallas, 1979, no writ). S.W.2d 830. The court has now filed findings, concluding that the mother engaged in conduct which endangered the well-being of the children, knowingly placed the children with others who engaged in conduct which endangered the children, and knowingly allowed the children to remain in conditions and surroundings which endangered the children. We overrule the mother's no evidence points because we find probative evidence to support these findings of the trial judge.

The Department of Human Resources, appellee, first became involved in this case on October 6, 1978, when it received a call from a hospital emergency room concerning one child, a two-year old girl, who had been severely burned on her buttocks and lower extremities. As a result of these burns, the child was hospitalized for five weeks and she lost the distal portion of four toes. Upon further examination, the doctor determined the little girl had a spiral fracture of her right leg and a deep bruise on her buttock. The other child, a four-year old boy, was brought to the hospital and the doctor found lesions, some secondarily infected, on his trunk and buttock area, which appeared to have been made by a looped extension cord, and a more recent injury, a deep bruise, on the buttock. The Department took custody of the children by emergency order, and later petitioned to terminate the mother's parental rights based on sections 15.02(1)(D) & (E). Both children are illegitimate and each father has relinquished his parental rights.

The mother argues that there is no evidence to support the court's findings. We disagree. A doctor who treated both children in the hospital testified that the injuries to the little boy were more severe than a "discipline whipping," that most of the injuries were about two weeks old, and that they should have been treated earlier. The mother and a case worker testified that the little boy's injuries were inflicted by the mother's boyfriend while she was at work. The mother also testified, however, that some of his marks were made when both she and her boyfriend had whipped the boy. Furthermore, she stated that she had noticed the injuries, but did not obtain medical treatment for the boy or even request that her boyfriend refrain from "disciplining" the child. On the contrary, she continued to leave her children with the boyfriend.

The doctor also testified that the little girl's broken leg was the result of a twisting motion of considerable force. Although the mother...