See In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *5 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.)
The difference between endangerment under subsection D and endangerment under subsection E is the source of the physical or emotional endangerment to the child. In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *3 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.).
The difference between Subsections (D) and (E) is the source of the physical or emotional endangerment to the child. In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *3 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.).
Courts may consider a parent’s conduct that occurred outside the child’s presence or after the child’s removal by the Department. In re M.S., No. 02-20-00147-CV, 2020 WL 6066400, at *4 (Tex. App.—Fort Worth Oct. 15, 2020, no pet.) (mem. op.); In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *6 (Tex. App.—Fort Worth Oct. 1, 2015, no pet.) (mem. op.).
Courts may consider a parent's conduct that occurred outside the child's presence or after the child's removal by the Department. In re M.S., No. 02-20-00147-CV, 2020 WL 6066400, at *4 (Tex. App.-Fort Worth Oct. 15, 2020, no pet.) (mem. op.); In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *6 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.)
See In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *4 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.) (trial court may consider child's "physical and developmental condition" at time of removal in endangerment analysis).
See In re E.P.C., 381 S.W.3d 670, 684 (Tex. App.-Fort Worth 2012, no pet.) (considering a child's muscle weakness, lack of coordination, delayed milestones, and delayed development as evidence of endangerment); In re S.G.S., 130 S.W.3d 223, 238 (Tex. App.-Beaumont 2004, no pet.) (holding that the children's rotten teeth and developmental delays were product of avoidable neglect caused by parents knowingly engaging in conduct that endangered their children's emotional or physical well-being); see also In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *4 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.) (holding, in context of subsections (D) and (E), that children's untreated medical conditions and developmental condition supported endangerment finding). Brother believed J.M. would need therapy his entire life and would continue to require intensive treatment, which he was not receiving in Mother's care. Although E.M.'s behaviors were initially similar to J.M.'s behaviors, E.M. had significantly improved with medication and responded to therapy as a result of the Department's intervention.
In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *6 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.)
(mem. op.); In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *6 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.).
(mem. op.); In re R.S., No. 02-15-00137-CV, 2015 WL 5770530, at *6 (Tex. App.-Fort Worth Oct. 1, 2015, no pet.) (mem. op.).