- Court of Appeals of Texas, Sixth Appellate District
- BAILEY C. MOSELEY, JUSTICE
The Texas Department of Family and Protective Services investigated a report of mother's neglectful supervision and physical neglect of her three elementary school-aged children. Mother refused to disclose information regarding specific allegations relating to previous domestic violence, current substance abuse issues, and her mental health status. Consequently, the Department petitioned to terminate the parental rights of both mother and father. After a bench trial, the trial court issued an order naming the Department as permanent managing conservator of the children and naming the parents as possessory conservators. On appeal, the court found the trial court's order appointing mother as the children's possessory conservator was within its discretion and that mother failed to preserve her due process and equal protection claims. The court noted the trial court properly determined the best interests of the children when issuing its conservatorship order, including impairment of the child's physical health or emotional development and mother's inability to provide adequate nutrition and a stable home. However, the court reversed the trial court's judgment finding it erred in having insufficiently specified the terms of mother's possession of or access to the children. Here, the court found it was in the children's best interest for mother to be the possessory conservator but failed to specify mother's access in accordance with Tex. Fam. Code Ann. §153.006(c) thereby requiring reversal of the trial court's order.
In the Interest of J.Y., G.Y., and B.Y., children, Texarkana Court of Appeals, Case No.: 06-16-00084-CV, 04/28/2017
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