in the Interest of C.L.W., M.W. A/K/A M.L.P., D.Q.P., Jr., A/K/A/ Infant Williams A/K/A Baby Boy, Children ( 2002 )

Opinion issued July 11, 2002

In The

Court of Appeals

For The

First District of Texas  

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NO. 01-01-00961-CV

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IN THE INTEREST OF C.L.W., M.L.W., AND D.Q.P.,

MINOR CHILDREN

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On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 96-99642

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O P I N I O N  

Appellants, Demeatrice Poole and Sandra Williams, bring this accelerated appeal from the trial court's order terminating their parental rights concerning C.L.W., M.L.W., and D.Q.P. In their brief, appellants challenge the sufficiency of the evidence to support the trial court's decision to terminate their parental rights.

We affirm.

Facts and Procedural Background

In October 1996, the Texas Department of Protective and Regulatory Services (TDPRS) filed a petition requesting the trial court to terminate the parent-child relationship between appellants and C.L.W. and M.L.W. and to appoint TDPRS as managing conservator of the children. In its petition, TDPRS alleged, among other things, that appellants (1) voluntarily left the children alone or in the possession of another, for at least six months, without providing adequate support for the children, (2) knowingly placed or allowed the children to remain in conditions or surroundings dangerous to their physical and/or emotional well-being, (3) engaged in conduct or knowingly placed the children with persons who engaged in conduct dangerous to the physical and/or emotional well-being of the children, and (4) failed to support the children in accordance with their ability for a period of one year.

In support of its petition for custody of the children, TDPRS attached the affidavit of its caseworker, Brian McLaurin. McLaurin's affidavit reads, in part, as follows:

On September 18, 1996, [TDPRS] received a priority I report alleging physical neglect of [M.L.W.] born July 30, 1996.

. . . .

The case was assigned to me for investigation . . . . I visited the home of the family and found that the roof of the home was in fact fire damaged. One half of the home had no roof and the other half was damaged with holes covered by plastic, held by bricks. There was no answer at the residence.

On September 24, 1996, several days later, I received a call from a woman, Sharlde Rogers, who informed me that she had in her possession the child, [M.L.W.] and her sibling, [C.L.W.] (04/01/93), who she has had in her possession for approximately three (3) months. She was asked by me to keep possession of the children until I could speak with the mother, Ms. Sandra Williams.

When I talked with her later that day . . . she admitted living in the burned out home and agreed to allow the children to stay in the possession of Ms. Rogers, while she worked with [TDPRS] to better her living arrangements.

Once I left the meeting, she began calling Ms. Rogers and along with Mr. Poole, the father of [M.L.W.], began threatening her, while insisting she give the children back to them. Ms. Rogers was threatened to the point where she changed her telephone number.

During a visitation at a police station on October 3, 1996, between the children, Ms. Williams, and Mr. Poole, an argument insured [sic] and Ms. Williams and Mr. Poole attempted to flee the police station with the children.

At this point the police were called and after seeing the paper work (Safety Plan) issued by me, released the children back into the care of Ms. Rogers.

On October 4, 1996, it was decided that the voluntary placement was no longer safe and it was in the children's best interest to be retained in the custody of [TDPRS] while Ms. Williams attempts to better her living arrangements.

On June 9, 1997, D.Q.P. was born to appellants. In November 1997, TDPRS filed a third amended petition ⁽¹⁾ to also terminate the parent-child relationship between appellants and D.Q.P.  

In January 1998, following a bench trial, the trial court signed a decree determining, by agreement, that Poole was the biological father of the children. The trial court found that the appointment of appellants as managing conservators would not be in the best interest of the children "because said appointment would significantly impair the child(ren)'s physical health or emotional development." The court appointed TDPRS temporary managing conservator of the children, appointed the parents possessory conservators, and ordered the parents to pay child support to TDPRS for the benefit of the children.

In October 2001, following another bench trial, the trial court signed an order modifying its prior decree and "finally and forever" terminating the parent-child relationship between appellants and the children. ⁽²⁾ In its order, the trial court found that each appellant had (1) engaged in conduct or knowingly placed the children with persons who engaged in conduct dangerous to the children's physical or emotional well-being, (2) failed to support the children in accordance with their abilities during a one-year period, and (3) failed to comply with the provisions of a court order that established the actions necessary to obtain the return of the children from the temporary managing conservatorship of TDPRS. Accordingly, the trial court found "by clear and convincing evidence" that the termination of the parent-child relationship between appellants and the children was in the best interest of the children.

Sufficiency of the Evidence

In their brief, appellants generally challenge the sufficiency of the evidence to support the trial court's findings.

According to recitations on the face of the trial court's original decree and its subsequent order terminating the parental relationship, a record was made by a court reporter of each proceeding before the bench. No reporter's record has been paid for by appellants or filed in this case. By its order of October 29, 2001, the trial court found appellants were not indigent. Appellants do not appeal this ruling. Pursuant to our order of April 18, 2002, we shall consider this appeal based solely on the clerk's record and the briefs of the parties. Tex. R. App. P. 37.3(c).

In the absence of a reporter's record, we must presume the evidence was sufficient to support the trial court's judgment. Vickery v. Comm'n for Lawyer Discipline, 5 S.W.3d 241, 251 (Tex. App.--Houston [14th Dist.] 1999, pet. denied); Voros v. Turnage, 856 S.W.2d 759, 763 (Tex. App.--Houston [1st Dist.] 1993, writ denied); see also In re J.N.R., 982 S.W.2d 137, 142-43 (Tex. App.--Houston [1st Dist.] 1998, no writ) (reviewing reporter's record for sufficiency of evidence to support parental termination order). Therefore, we must presume the evidence presented at trial supported the trial court's findings in this case.

We overrule appellants' challenge to the sufficiency of the evidence.

Conclusion

We affirm the judgment of the trial court.

   Terry Jennings

Justice

Panel consists of Justices Hedges, Jennings, and Keyes.

Do not publish. Tex. R. App. P. 47.

1.

The record does not contain a copy of TDPRS's second amended petition, if any.

2.

The record does not contain a copy of TDPRS's motion to modify the decree.