Termination of Parental Rights in Texas CPS Cases

The short answer

Termination of parental rights is a court order that ends the legal rights and duties between a parent and a child Tex. Fam. Code §161.206(b). Under the main Texas termination law, Family Code §161.001, a court may order termination if it finds by clear and convincing evidence two things: that the parent did at least one act on the law's list, and that termination is in the child's best interest Tex. Fam. Code §161.001(b). In a DFPS case, the court must also find in writing that DFPS made reasonable efforts to return the child and a danger still remains, or that those efforts were waived Tex. Fam. Code §161.001(f). If you are indigent and oppose the case, the court must appoint a lawyer for you Tex. Fam. Code §107.013(a).

What does termination do?

A termination order divests (takes away from) the parent and the child all legal rights and duties to each other. The child keeps the right to inherit from and through the parent unless the court orders otherwise, and the law notes an exception in another section Tex. Fam. Code §161.206(b). The termination chapter does not affect a grandparent's rights to reasonable access under Chapter 153 Tex. Fam. Code §161.206(c).

What must DFPS prove to end my parental rights?

Under §161.001, the court must find both of these by clear and convincing evidence Tex. Fam. Code §161.001(b):

1. A ground. You did at least one of the acts listed in the law (see the next section).
2. Best interest. Termination is in your child's best interest.

One without the other is not enough under this section. The Supreme Court of Texas, quoting the Family Code, described it as the degree of proof that produces a firm belief or conviction in the mind of the trier of fact (whoever decides the facts) that the allegations are true In re J.F.C., 96 S.W.3d 256 (Tex. 2002). See In re J.F.C. (2002): How Appeals Courts Test the Evidence in Termination Cases. In Santosky v. Kramer (1982): The Proof Needed to End Parental Rights, the U.S. Supreme Court held that due process requires the State to support its allegations by at least clear and convincing evidence before ending parental rights Santosky v. Kramer, 455 U.S. 745 (1982).

In a DFPS case, the court may not terminate under these grounds unless it also finds, and describes in writing, either that DFPS made reasonable efforts to return your child before trial and a continuing danger still prevents the return, or that reasonable efforts were waived in an aggravated-circumstances case Tex. Fam. Code §161.001(f). If DFPS asks to terminate both parents' rights, the court must find grounds for each parent separately Tex. Fam. Code §161.206(a-1). Other sections of Chapter 161 have their own rules, and this page does not cover all of them.

How is best interest decided? In Holley v. Adams, the Supreme Court of Texas listed factors courts had considered in deciding a child's best interest Holley v. Adams, 544 S.W.2d 367 (Tex. 1976). They include the desires of the child, the child's emotional and physical needs now and in the future, the stability of the home or proposed placement, and any excuse for the parent's acts or omissions. The Court said its list "is by no means exhaustive" Holley v. Adams, 544 S.W.2d 367 (Tex. 1976). See Holley v. Adams (1976): The Texas Best-Interest Factors. The Family Code also lists factors for deciding whether parents are willing and able to provide a safe environment; see The Texas CPS Court Case Timeline: Service Plan, Status Hearing, Permanency Hearings and the One-Year Deadline.

What are the grounds for termination in Texas?

The law lists the grounds in §161.001(b)(1), lettered (A) through (U) Tex. Fam. Code §161.001(b). Some examples, in the law's current lettering:

• (A) through (C) voluntarily leaving the child alone or with another person, under conditions those paragraphs spell out;
• (D) knowingly placing or knowingly allowing the child to remain in conditions or surroundings that endanger the child's physical or emotional well-being;
• (E) engaging in conduct, or knowingly placing the child with people who engage in conduct, that endangers the child's physical or emotional well-being;
• (F) failing to support the child according to your ability for one year ending within six months of the date the petition was filed;
• (K) signing an affidavit of relinquishment of parental rights (a sworn paper giving up your parental rights) that is unrevoked or irrevocable;
• (N) constructive abandonment of a child who has been in DFPS conservatorship for not less than six months, where DFPS made reasonable efforts to return the child, the parent has not regularly visited or kept significant contact, and the parent has shown an inability to provide a safe environment;
• (O) using a controlled substance in a way that endangered the child, and either not completing a court-ordered substance abuse treatment program, or continuing to abuse a controlled substance after completing one;
• (P) knowingly engaging in criminal conduct that resulted in a conviction, and in confinement and inability to care for the child for not less than two years from the date the petition was filed; and
• several grounds based on specific crimes, such as being convicted or placed on community supervision for being criminally responsible for the death or serious injury of a child under listed Penal Code sections Tex. Fam. Code §161.001(b).

What is not enough by itself. The law says evidence of certain things, on its own, is not clear and convincing evidence sufficient for termination Tex. Fam. Code §161.001(c). Examples include:

• homeschooling your child, or being economically disadvantaged;
• being charged with a nonviolent misdemeanor, with some exceptions;
• declining immunization for reasons of conscience, including a religious belief;
• getting a second medical opinion or changing your child's medical provider; and
• allowing independent activities that are appropriate and typical for your child's maturity.

Some items on that list have conditions. DFPS may still offer this kind of evidence in a termination case Tex. Fam. Code §161.001(e).

Do I get a lawyer in a termination case?

Yes, if you are indigent and respond in opposition. In a DFPS suit asking for termination, the court must appoint a lawyer (an attorney ad litem) for an indigent parent who opposes it, and for a parent served by citation by publication Tex. Fam. Code §107.013(a). Indigent means you have a low income and cannot afford to pay for a lawyer yourself TexasLawHelp.org, "I want help and information on dealing with Child Protective Services". If you have no lawyer at your first court appearance, the court must tell you about these rights Tex. Fam. Code §107.013(a-1).

You must file an affidavit of indigence Tex. Fam. Code §107.013(d). Once the court finds you indigent, you are presumed to stay indigent for the whole suit and any appeal, unless your finances change in a material and substantial way Tex. Fam. Code §107.013(e).

Can a termination order be challenged or changed later?

Time is limited. If you were personally served, served by publication, or signed an affidavit of relinquishment or waiver of interest, the order's validity cannot be attacked after the sixth month after the date it was signed Tex. Fam. Code §161.211(a) Tex. Fam. Code §161.211(b). If the order rests on an unrevoked affidavit of relinquishment, a challenge is limited to fraud, duress, or coercion in signing it Tex. Fam. Code §161.211(c). Appeal deadlines are not covered here, so ask a lawyer right away.

If a court denies termination, §161.004 lets the court terminate later on a new petition if circumstances have materially and substantially changed, the parent committed a listed act before the denial, and termination is in the child's best interest Tex. Fam. Code §161.004(a). The court may consider evidence from the earlier hearing Tex. Fam. Code §161.004(b).

In Parker County

All district court family and juvenile cases in Parker County are filed with the District Clerk, the clerk for the 43rd and 415th District Courts Parker County, "District Clerk". The county's two County Courts at Law have the jurisdiction of a district court, except for felonies Tex. Gov't Code §§25.1861–25.1862, and the County Clerk keeps their records Parker County, "County Clerk".

DFPS lists a Weatherford office at 1950 Clear Lake Rd., Weatherford, Texas 76086, phone (817) 596-7502, with CPS among its programs Texas DFPS, Region 3 Office Locations.

Court addresses and clerk hours: Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help. Finding a lawyer: Getting a CPS Lawyer in Weatherford and Parker County, Texas.

What the law says

Except as provided by Section 161.2061 , an order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.

In plain words: a termination order ends the legal ties between parent and child, but the child can still inherit unless the court says otherwise.

A direct or collateral attack on an order terminating parental rights based on an unrevoked affidavit of relinquishment of parental rights or affidavit of waiver of interest in a child is limited to issues relating to fraud, duress, or coercion in the execution of the affidavit.

In plain words: if the order is based on an affidavit of relinquishment you signed and did not revoke, a later challenge is limited to fraud, duress, or coercion in signing it.

Questions to ask a lawyer

• Which grounds is DFPS relying on, and what is its evidence?
• What evidence about my child's best interest should we present?
• Has DFPS made reasonable efforts to return my child?
• What should I know before signing any affidavit of relinquishment?
• What are my deadlines to appeal or challenge an order?

Related

• The Texas CPS Court Case Timeline: Service Plan, Status Hearing, Permanency Hearings and the One-Year Deadline
• When CPS Removes a Child in Texas: What Happens in the First 14 Days
• Your Right to a Lawyer in a Texas CPS Case
• Santosky v. Kramer (1982): The Proof Needed to End Parental Rights
• In re J.F.C. (2002): How Appeals Courts Test the Evidence in Termination Cases
• Holley v. Adams (1976): The Texas Best-Interest Factors
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help