CPS = Child Protective Services; cases now litigated in name of Texas Department of Family & Protective Services (TDFPS or Texas DFPS); Also see --> Austin DFPS cases (Third Court of Appeals) Appeals from Texas DFPS suits seeking termination of parental rights (Austin, TX) Terminology: child abuse, child neglect | best interest of child | parenting skills | parenting plan | drugs use | best interest factors | parenting plan | relinquishment | appointment of sole managing conservator (SMC). Other type of termination: --> Termination of employment RECENT APPELLATE CASES (IN REVERSE CHRONOLOGICAL ORDER OF OPINION RELEASE DATE In Interest of JSG, NO. 14-08-00754-CV (Tex.App.- Houston May 7, 2009)(Hedges) (termination of parental rights, best interest factors, natural parent preference, parental presumption) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00754-CV In the Interest of J.S.G., and J.A.G Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips In Interest of RCR (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Hedges) (termination of parental rights, constitutional issue waived, frivolousness) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00904-CV In the Interest of R.C.R., Jr., A Child Appeal from County Court at Law of Washington County Trial Court Judge: Matthew Alfred Reue Quiroz v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Alcala)(involuntary termination of parental rights) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justice Alcala 01-08-00548-CV Alejandra Quiroz v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips In the Interest of SN, SMN, DAN (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Yates) (termination) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00161-CV In the Interest of S.N., S.M.N., and D.A.N., Children Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips Crowden v. DFPS (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Radack) (termination of parental rights, jury trial) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00025-CV Michelle Haufrect Crowden v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald R. Pope Fletcher v. DFPS (Tex.App.- Housotn [1st Dist.] Jan. 8, 2009)(Radack) (termination of parental rights) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00052-CV C.Y. Fletcher v. Department of Family and Protective Services Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald Pope ALSO SEE ---> 2008 APPEALS IN TERMINATION OF PARENTAL RIGHTS / CPS CASES |
| CPS and Termination of Parental Rights Cases from Houston Courts of Appeals Also see ---> Other Family Law Cases from Houston |
| Texas Supreme Court Termination Appeals (Tex. 2006-09) |
| The Texas Family Code requires that a statement of points on which a party intends to appeal be presented to the trial court within fifteen days after the signing of a final order terminating parental rights. Tex. Fam. Code § 263.405 (b). The Code further provides that an appellate court is to consider only those issues presented to the trial court in a timely filed statement of points. Id. § 263.405(i). The issue in this parental rights termination case is whether the failure to follow these procedural rules in the Family Code precludes appellate review of an ineffective assistance of counsel claim. In Interest of JOA, No. 08-0379 (Tex. May 1, 2009)(Medina)(termination of parental rights appeal, constitutionality of statement of points requirement for appeal) IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County; 7th district (07-07-00042-CV, 262 SW3d 7, 02-25-08) The Court modifies the court of appeals' judgment, affirms the judgment as modified, and remands the case to the trial court. Justice Medina delivered the opinion of the Court. Justice Willett delivered a concurring opinion. Supreme Court says that omission of statement of points from appellate record was not appellant's fault and that court of appeals should have reviewed the merits of the mother's appeal from the trial court's order terminating her parental rights. In Interest of K.C.B., a Child, No. 07-1068 (Tex. Apr. 18, 2008) (per curiam) (parents right to appeal in termination of parental rights case, procedural requisites for appeal) Supreme Court agrees with Houston Court of Appeals that reversal of conservatorship to CPS along with termination order was proper in the absence of independent grounds to take children from parent In the Interest of DNC No. 07-0621 (Tex. 2008)(child protection, DFPS suit, termination of parental rights, natural parent presumption, award to conservatorship to child protection agency reversed along with termination of parental rights) N THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV, 227 S.W.3d 799, 12/21/06) In Interest of J.A.J., No. 07-0511 (Tex. Nov. 2, 2007)(O'Neill)(termination of parental rights, conservatorship to CPS not appealed) In Interest of R.R. and S.J.S., No. 06-0460 (Tex. Dec. 1, 2006)(per curiam)(termination of parental rights) In re H.R.M., 209 S.W.3d 105 (Tex. 2006) In Interest of H.R.M., No. 06-0270 (Tex. Dec. 1 2006)(per curiam)(termination of parental rights) Opinion on Remand to the Fourteenth Court of Appeals In the Interest of H.R.M. (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Seymore) This case is on remand from the Texas Supreme Court for consideration of a single issue. The issue is whether the evidence is factually sufficient to support the jury's finding that the parental rights of William Keith M. ["Keith"] to his biological daughter, H.R.M., should be terminated under Texas Family Code Section 161.001(1)(Q), which provides "parental rights may be terminated if the parent has "knowingly engaged in criminal conduct that has resulted in the parent's: (i) conviction of an offense; and (ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition."See In re H.R.M., 209 S.W.3d 105, 107 (Tex. 2006) (per curiam) (quoting Tex. Fam. Code Ann. Section 161.001(1)(Q)) |