In the Interest of E.I.T.--Appeal from 317th District Court of Jefferson County

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State: Texas

Court: Texas Northern District Court

Docket No: 09-09-00067-CV

Case Date: 11/05/2009

Plaintiff: Clarence Lodell Pierce

Defendant: The State of Texas--Appeal from 5th District Court of Bowie County

Preview:IN THE TENTH COURT OF APPEALS No. 10-10-00244-CV IN THE INTEREST OF G.B. II, A CHILD From the 52nd District Court Coryell County, Texas Trial Court No. 38594 OPINION
The parental rights of E.F. to her child, G.B.II were terminated by the trial court after a bench trial. E.F. appealed that decision. We affirm. BACKGROUND E.F. was in prison when G.B.II was born. She returned to prison, leaving G.B.II at the hospital without making arrangements for the baby. E.F. was released from custody almost five months later and was placed in a "transition center" in Austin. Almost a year after G.B.II's birth, E.F. was attending bi-weekly visits with G.B.II but did not bring anything with her to the visits. When E.F. would call the Department to inquire about the visits, she would not ask how G.B.II was doing. As of ten days before the final hearing in April of 2010, E.F. still had bi-weekly visits with G.B.II but still failed to bring much with her to the visits. However, by the date of the final hearing ten days

later, E.F. had left the State without notifying the Department. Her caseworker did not know where E.F. was currently living. Her caseworker also was aware that prior to E.F. leaving the State, E.F. had been homeless for quite some time. HOME STUDY E.F. states as her first issue: "The Department is obligated under Section 262.114 of the Texas Family Code to conduct home studies on all possible relative placements, and the failure to do so in this case constitutes reversible error." Essentially, the issue presented is whether the Department's failure to obtain or complete a home study as required by section 262.114 prevents termination of E.F.'s parental rights. Section 262.114 provides: Before a full adversary hearing under Subchapter C, the Department of Family and Protective Services must perform a background and criminal history check of the relatives or other designated individuals identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307. The department shall evaluate each person listed on the form to determine the relative or other designated individual who would be the most appropriate substitute caregiver for the child and must complete a home study of the most appropriate substitute caregiver, if any, before the full adversary hearing. Until the department identifies a relative or other designated individual qualified to be a substitute caregiver, the department must continue to explore substitute caregiver options. The time frames in this subsection do not apply to a relative or other designated individual located in another state. TEX. FAM. CODE ANN.

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