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Smith v. Texas Department of Protective and Regulatory Services9/11/2003
anley v. Illinois, 405 U.S. 645, 651 (1972). Because the involuntary termination of parental rights is complete, final, and irrevocable, termination proceedings must be strictly scrutinized. Holick, 685 S.W.2d at 20.
A court may terminate parental rights if it finds that: (1) the parent has engaged in any of the specific conduct enumerated in the family code as grounds for termination, and (2) termination is in the best interest of the child. Tex. Fam. Code Ann. § 161.001 (West 2002); Richardson v. Green, 677 S.W.2d 497, 499 (Tex. 1984). A termination order must be supported by clear and convincing evidence. Tex. Fam. Code Ann. § 161.001. "Clear and convincing evidence" means "the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established." Tex. Fam. Code Ann. § 101.007 (West 2002); accord In re C.H., 89 S.W.3d 17, 25 (Tex. 2002); In re G.M., 596 S.W.2d 846, 847 (Tex. 1980). The fact finder must determine that clear and convincing evidence supports both elements; proof of one element does not relieve the burden of proving the other. Holley v. Adams, 544 S.W.2d 367, 370 (Tex. 1976).
In deciding whether the evidence is factually sufficient, this Court reviews the record to determine if the evidence is such that "a fact finder could reasonably form a firm belief or conviction about the truth of the State's allegations." In re C.H., 89 S.W.3d at 25. A firm belief or conviction is a standard short of that of beyond a reasonable doubt. Id. at 26. This standard retains the deference that an appellate court must have for the jury's fact finding mission. Id. We are mindful that the jury has the opportunity to view the demeanor of the witnesses throughout trial, and its role is to weigh their testimony. In re W.E.C., 110 S.W.3d 231, 247 (Tex. App.--Fort Worth 2003, no pet.). The Department alleged seven statutory grounds for termination of the Smiths' parental rights. See Tex. Fam. Code Ann. § 161.001(1)(D), (E), (F), (J), (N), (O), (P). Hence we will affirm the termination of the Smiths' parental rights if there is sufficient evidence of any one of the enumerated acts alleged by the Department and that termination is in the children's best interest.
Dangerous environment
Sections 161.001(1)(D) of the family code provides that the trial court may terminate the parent-child relationship if the court finds by clear and convincing evidence that the parents have "knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child." Tex. Fam. Code Ann. § 161.001(1)(D). In an involuntary termination proceeding, "endanger" means conduct that is more than a threat of metaphysical injury or the possible ill effects of a less-than-ideal family environment. Texas Dep't of Human Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex. 1987). It is not necessary, however, that the child suffer physical injury for a finding of endangerment to be made. Id. Rather, endangerment means to expose to loss or injury or to jeopardize. Id.; see also In re M.C., 917 S.W.2d 268, 269 (Tex. 1996); Leal v. Texas Dep't of Protective & Regulatory Servs., 25 S.W.3d 315, 325 (Tex. App.--Austin 2000, no pet.), disapproved on other grounds, In re C.H., 89 S.W.3d 17 (Tex. 2002). Endangerment can occur through both the acts and omissions of the parent. Phillips v. Texas Dep't of Protective & Regulatory Servs., 25 S.W.3d 348, 354 (Tex. App.--Austin 2000, no pet.). Under this subsection, the child's environment must be the source of the endangerment to the child. In re B.S.T., 977 S.W.2d 481, 484 (Tex. App.--Houston [14th Dist.] 1998, no
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