Opinion
Nos. 05-03-00861-CV, 05-03-00894-CV
Opinion Filed July 6, 2004.
On Appeal from the 219th Judicial District Court Collin County, Texas, Trial Court Cause No. 219-53890-01, Trial Court Cause No. 219-53891-01.
Affirm.
Before Justices FITZGERALD, RICHTER and LANG.
MEMORANDUM OPINION
These cases involve the termination of parental rights to seven children. In the first case, the mother voluntarily relinquished her parental rights, and the father (Bradley) appeals after his rights were terminated by the court. In the second case, the father of J.N.V. relinquished his parental rights, and the mother of all three children (Brock) appeals the court-ordered termination of her parental rights. Bradley is the father of C.B. and E.B., and he appeals the termination of his parental rights in this latter case as well.
In six issues, appellants jointly complain that the evidence is factually insufficient to support termination. We disagree and affirm the judgment of the trial court. Because all dispositive issues are clearly settled in the law, we issue this memorandum opinion. Tex.R.App.P. 47.1.
Standard of Review
To succeed in severing the parent-child relationship, the Texas Department of Protective and Regulatory Services (TDPRS) must prove its allegations by clear and convincing evidence. See Tex. Fam. Code Ann. §§ 161.001 (Vernon 2002). When reviewing legal and factual sufficiency challenges under the heightened "clear and convincing" standard, we must determine whether a reasonable trier of fact could reasonably form a firm belief or conviction about the truth of the Department's allegations. In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002) (legal sufficiency); In re C.H., 89 S.W.3d 17, 25 (Tex. 2002) (factual sufficiency); In re J.R.K. 104 S.W.3d 341, 342-43 (Tex. App.-Dallas 2003, no pet.).
In reviewing for legal sufficiency, we look at all the evidence in the light most favorable to the judgment and assume the fact finder resolved disputed facts in favor of its finding if a reasonable fact finder could do so. J.F.C., 96 S.W.3d at 266. When analyzing a factual sufficiency challenge, we must defer to evidence the fact finder could reasonably have found clear and convincing. Id. We should consider whether disputed evidence is such that a reasonable fact finder could not have resolved the disputed evidence in its favor. Id. If, in light of the entire record, the disputed evidence that a reasonable fact finder could not have credited in favor of its 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.
Application of the Law to the Facts
Brock and Bradley claim the evidence is factually insufficient to show: 1) they knowingly placed or allowed their children to remain in conditions or surroundings which endangered the physical or emotional well-being of the children, 2) they engaged in conduct or knowingly placed their children with persons who engaged in conduct which endangered the physical or emotional well-being of the children, 3) failure to support the children, 4) failure to comply with a court order which established required action necessary before the return of the children, 5) failure to keep the children in school, and 6) termination of appellants' parental rights was in the best interest of the children. The evidence in this case shows the childrens' emotional well-being has been endangered and jeopardized. We set forth below, in detail, the evidence presented to the trial court.
The Children D.B.
D.B. was ten years old when the termination order was signed. In the two years prior to his removal, he lived in multiple locations. The family moved frequently between various apartments and rent homes. He characterizes his family as dysfunctional in psychological evaluations. He describes specific instances of physical abuse. He has a learning disability and is emotionally disturbed. He is unable to maintain appropriate relationships with peers and adults. His father kept him isolated from his natural mother and informed him that she was dead, when in fact, she was not. D.B. has many behavioral difficulties in school and has problems following directions. He is argumentative and defiant. He lacks basic living and coping skills. A physician concluded that D.B.'s difficulties were consistent with family disruption and poor socialization. D.B.'s educational deficiencies were attributed to inadequate educational opportunities stemming from missed enrollment from April 1999 to the fall of 2001. D.B. believes his father taught him how to masturbate and that there is nothing wrong with sexual contact with his sister.
N.B.
N.B. was seven years old when the termination order was signed. Like D.B., N.B. has lived in multiple locations over the last two years prior to his removal. N.B. has major behavior difficulties like D.B. At four years of age, he exhibited physical aggression and sexual awareness during a psychological evaluation. Although he does not have a learning disability, he did not possess certain kindergarten readiness skills. He needs a structured therapeutic environment to have his needs met and nurtured. He had to be removed from the first grade and placed in kindergarten when it became apparent he had never been exposed to any educational environment of any kind. When it was determined he needed glasses and they would be provided for free, his parents delayed action for months. N.B. does not like his father to visit and gets physically sick before scheduled visitation.
B.B.
B.B. was six years old when the termination order was signed. He was also moved around frequently and has similar behavioral problems. B.B.'s behaviors are characterized as more extreme, violent and severe. He continually and repeatedly defecates in his pants. He is an emotionally disturbed child who has experienced adult situations and been exposed to sexual and violent conduct. He is at high risk for assaulting other children and care givers. Close supervision will be required in order to protect others. He has experienced little stability and safety during his development. Much of his behavior is due to his belief the world is unsafe and that aggression is a normal part of human interaction. B.B. has constricted the range of emotions he experiences due to his traumatic background. He has gone without many basic necessities during his development. He also needs placement in a structured therapeutic environment, but with a high level of supervision. According to his therapeutic foster parents, he should not be placed with other children. If circumstances require that he be placed with other children, they should be older children. He says he does not want to return home because his father hits him.
R.B.
R.B. was four years old when the termination order was executed. As with the rest, he has moved frequently and has aggressive behavior difficulties. However, he does not exhibit sexually inappropriate behavior. His intellectual performance has been hindered by early childhood trauma. He is weak in daily living skills and social skills. Due to significant instability and numerous traumatic experiences, he has depression and anxiety. He is best described as socially retarded. He needs stability, structure and the opportunity to develop life skills.
J.N.V.
J.N.V. was seven when the termination order was signed. She has been described as sweet and charismatic. She has some behavior issues and can be untruthful. She cowers when receiving direction as if she is fearful of being hurt. She hoards food. She expressed a desire to a psychologist to return to her mother, but she now says the opposite to her foster parents. She has been involved in sexual encounters with some of her siblings and has had one incident while in foster care. Protective measures have been successful in curtailing such behavior. She has suffered academically due to her parents failure to enroll her in school and the lack of an educational environment. J.N.V. has been observed changing the diapers of the other children, because Brock was unwilling to do so herself. Her head was shaved by Brock at age five to prevent lice.
C.B. and E.B.
These two children were respectively two and one years old at the time the termination was ordered. C.B. was removed at eighteen months, and E.B. was removed at birth. They both appear to be living normal lives in foster care.
The Parents Bradley
Bradley was 34 years old when his parental rights were terminated. He was released from prison in 1997, and has held nine jobs in a three year period. Most of his employment is only for a few weeks at a time, with months of unemployment in between. He has been on and off various illegal drugs for years and is bipolar. He does not tolerate frustration, behaves impulsively, and acts without regard to the consequences. He is at high risk for making poor parenting choices and child rearing is more difficult for him than most. He is at risk for further excessive substance abuse. He has left the family for several days and nights at a time. He admits having an anger problem. He does not see his childrens' behavior as unusual and refers to them as his "little bad asses." He has failed to take advantage of community and social service resources. Some of the children have seen Bradley and Brock engaging in sexual activity. His believes the sexual acting out of his toddlers is a natural and normal part of growing up. Bradley admits failing to enroll the children in school. Bradley admits the childrens' anger and outbursts merely mimic his behavior. He pays no money for the childrens' support.
Brock
Brock was 24 years old when her parental rights were terminated. She has had two jobs in her entire life. She worked for Boston Chicken for two days and for Target for two weeks. She receives $460 per month from SSI. She is in good health. She functions on the level of a second grade education and is unable to provide a safe environment for children. She lacks the emotional resources necessary to care for small children. She tends to rely on others to get through life. She failed to enroll the children in school and failed to supervise and protect J.V.N. from a dog attack and falling off of a bed. She openly admits that Bradley physically abused her. The trial judge believed she was torn between laziness and dependency on others. She places her self interest over the childrens' interest. During scheduled visitation, TDPRS staffers observed that when one of the children became soiled, she would either have J.N.V. or Bradley change the diaper rather than do it herself. She is unable to follow simple directions. She does not appreciate the emotional and academic harm suffered by the children. She has not paid the ten dollar per month support payments ordered by the court.
Conclusion
The trial court was the trier of fact and issued findings of fact and conclusions of law. After reviewing the entire record, we do not find any significant disputed evidence that the trial court unreasonably failed to consider. We find the trial court reasonably concluded, based on clear and convincing evidence, that termination was in the best interests of the children.
Accordingly, we affirm the termination orders of the trial court.