Brenda Elendu v. Texas Department of Protective and Regulatory Services ( 1996 )

Elendu TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN ON MOTION FOR REHEARING NO. 03-95-00450-CV Brenda Elendu, Appellant v. Texas Department of Protective and Regulatory Services, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 91-1325, HONORABLE HUME COFER, JUDGE PRESIDING In her motion for rehearing, Elendu contends that this Court erred in failing to reverse the trial court's judgment because the evidence adduced at trial does not show actual injury to the children. Specifically, Elendu asserts that the evidence does not reflect any particular manner in which her action or inaction directly endangered the physical or emotional well-being of the children. Additionally, she re-urges her argument that the Department failed to develop medical or psychological testimony demonstrating the specific impact of Elendu's conduct on the children. In the absence of such evidence, she argues, the Department cannot show by clear and convincing evidence that the children were endangered within the meaning of section 15.02(1)(D) & (E). The supreme court has foreclosed these arguments, however. See In re M.C., D.C., and C.W. , No. 95-0871, slip op. at 3 (Tex. March 7, 1996) (holding that evidence of unsanitary living conditions and neglect of basic physical needs can be just as dangerous to children's physical well-being as direct physical abuse). We overrule Elendu's motion for rehearing. Bea Ann Smith, Justice Before Justices Powers, Jones and B. A. Smith Appellant's Motion for Rehearing Overruled Filed: March 27, 1996 Do Not Publish