Opinion
No. 04-13-00024-CV
06-06-2013
IN THE INTEREST OF P.Y.M., A CHILD
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-PA-00373
Honorable Charles E. Montemayor, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
This is an appeal from the trial court's order terminating Gerardo M.'s parental rights to P.Y.M. Among other grounds, Gerardo M. contends the order must be reversed because it does not contain a trial court finding by clear and convincing evidence of one of the statutory grounds for termination. See TEX. FAM. CODE ANN. § 161.001(1) (West 2008 & Supp. 2012).
The trial court may terminate a parent's rights under section 161.001 of the Family Code only if it finds, by clear and convincing evidence, at least one of the statutory grounds for termination and that termination is in the child's best interest. Id. §§ 161.001, 161.206(a). Here, the trial court orally found by clear and convincing evidence the termination of Gerardo M.'s rights was warranted because he had constructively abandoned P.Y.M. and because he had failed to comply with the terms of his family service plan. Id. § 161.001(1)(N), (O). Although the court's written order of termination adjudicates Gerardo M. to be P.Y.M.'s father and finds that termination is in the child's best interest, the order does not contain any finding with respect to the requisite statutory grounds.
We therefore abate this appeal, remand the case to the trial court, and order that court to make written supplemental findings specifying the ground[s] under section 161.001(1), if any, the trial court found by clear and convincing evidence. We order the written supplemental findings made by June 28, 2013, and order the Bexar County District Clerk to file a supplemental record containing the trial court's findings by July 5, 2013.
It is so ORDERED on June 6, 2013.
PER CURIAM ATTESTED TO: _________________
Keith E. Hottle
Clerk of Court