in the Interest of B.Y., a Child ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00210-CV
IN THE INTEREST OF B.Y., A CHILD
From the 74th District Court
McLennan County, Texas
Trial Court No. 2019-4225-3
MEMORANDUM OPINION
David Y. appeals from the trial court’s order terminating his parental rights to his
daughter, B.Y. After hearing all the evidence, the trial court found by clear and
convincing evidence that David (1) knowingly placed or knowingly allowed the child to
remain in conditions or surroundings that endanger the child, (2) engaged in conduct or
knowingly placed the child with persons who engaged in conduct that endangers the
child. TEX. FAM. CODE ANN. § 161.001 (b) (1) (D) (E) (West). The trial court further found
by clear and convincing evidence that termination was in the best interest of the child.
TEX. FAM. CODE ANN. § 161.001 (b) (2) (West). We affirm.
BACKGROUND FACTS
The Texas Department of Family and Protective Services (The Department)
initially became involved with B.Y. over allegations of drug use by B.Y.’s mother, Laura.
David was not living in the home at that time. Laura tested positive for
methamphetamines and amphetamines. David’s drug test was negative, but he admitted
to prior drug use. Laura did not want B.Y. placed with David, so B.Y. was removed from
the family.
After her removal, B.Y. began play therapy with therapist Meredith Moffatt.
Based upon her observations of B.Y. during play therapy, Moffatt reported to the police
allegations that David had sexually abused B.Y. David was later arrested and charged
with sexually abusing B.Y.
Laura completed her services, and the Department recommended returning B.Y.
to her care and appointing her as sole managing conservator of B.Y. The trial court held
a final hearing and terminated David’s rights to B.Y. and appointed Laura as sole
managing conservator of B.Y.
STANDARD OF REVIEW
David argues in his sole issue on appeal that the evidence is legally insufficient to
support the trial court’s finding that termination is in the best interest of the child. In
conducting a legal sufficiency review in a parental termination case:
[A] court should look at all the evidence in the light most favorable to the
finding to determine whether a reasonable trier of fact could have formed
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a firm belief or conviction that its finding was true. To give appropriate
deference to the factfinder's conclusion and the role of a court conducting a
legal sufficiency review, looking at the evidence in the light most favorable
to the judgment means that a reviewing court must assume that the
factfinder resolved disputed facts in favor of its finding if a reasonable
factfinder could do so. A corollary to this requirement is that a court should
disregard all evidence that a reasonable factfinder could have disbelieved
or found to be incredible. This does not mean that a court must disregard
all evidence that does not support the finding. Disregarding undisputed
facts that do not support the finding could skew the analysis of whether
there is clear and convincing evidence.
In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005) (per curiam) (quoting In re J.F.C., 96 S.W.3d
256, 266 (Tex. 2002)) (emphasis in J.P.B.).
BEST INTEREST
In determining the best interest of a child, a number of factors have been
considered, including (1) the desires of the child; (2) the emotional and physical needs of
the child now and in the future; (3) the emotional and physical danger to the child now
and in the future; (4) the parental abilities of the individuals seeking custody; (5) the
programs available to assist these individuals; (6) the plans for the child by these
individuals; (7) the stability of the home; (8) the acts or omissions of the parent that may
indicate the existing parent-child relationship is not a proper one; and (9) any excuse for
the acts or omissions of the parent. Holley v. Adams, 544 S.W.2d 367, 372 (Tex.1976); In re
S.L., 421 S.W.3d 34, 38 (Tex. App. —Waco 2013, no pet.). The Holley factors focus on the
best interest of the child, not the best interest of the parent. In re S.L., 421 S.W.3d at 38.
The goal of establishing a stable permanent home for a child is a compelling state interest.
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Id. The need for permanence is a paramount consideration for a child's present and future
physical and emotional needs. Id.
B.Y. was four years-old at the time of the final hearing and unable to express her
desires. However, the record shows that B.Y.’s behavior improved when she was
returned to Laura and that she was thriving in her care. There was testimony that B.Y.
exhibited concerning behaviors such as pulling out her hair leaving bald spots and
engaging in sexual behaviors. These behaviors increased when B.Y. had visitation with
David and decreased when David was no longer allowed visitation with B.Y. During
supervised visitation with David, B.Y. would behave in an aggressive manner, and David
would encourage that behavior. Moffatt testified that David did not follow the guidance
offered during visitation and did not respect the rules of therapy.
During her therapy sessions, B.Y. made an outcry that David sexually abused her.
David is currently incarcerated based upon those allegations. B.Y. also demonstrated in
therapy that David was violent with Laura. Laura testified that David physically abused
her in the presence of B.Y.
David completed the services in his family plan, but there was testimony that he
did not make any life changes as a result of those services. There was no evidence
presented that David had any plans for providing a stable home for B.Y. or meeting her
needs. The trial court heard testimony that it was in the best interest of B.Y. to have no
communication with David and that his parental rights be terminated. We find that the
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evidence is legally sufficient to support the trial court’s finding that termination of
David’s parental rights is in the best interest of B.Y. We overrule the sole issue on appeal.
CONCLUSION
We affirm the trial court’s order terminating the parental rights of David to B.Y.
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed
Opinion delivered and filed February 9, 2022
[CV06]
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