Legal Opinion
in the Interest of P. RJ E.
Court of Appeals of Texas
Decided July 14, 2016No. 01-15-01110-CVPublishedCited by 6 opinions
1Opinion of the Court
OPINION ON REHEARING 1
Harvey Brown, Justice
The trial court terminated the parental rights of Pete’s 2 biological parents, including the rights of his alleged father, Kristopher Aaron Smith. Smith argues that the Department of Family and Protective Services never served him its petition to terminate his parental rights, thereby violating his constitutional due-process rights. We agree and, therefore, reverse the trial court’s judgment terminating Smith’s parental rights and remand for a new trial for him.
Background
At Pete’s birth, his mother tested positive for marijuana. The hospital'tried to…
2Cases cited11 opinions
- Lehr v. RobertsonSupreme Court of the United States · 1983
- Wilson v. DunnTexas Supreme Court · 1991
- University of Texas Medical School at Houston v. ThanTexas Supreme Court · 1995
- in the Interest of K.M.L., a ChildTexas Supreme Court · 2014
- Fulgham v. Fischer, Texas Court of Appeals, 5th District (Dallas)2011
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3Cited by6 opinions
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- Mark Young v. Bella Palma, LLC, Texas Court of Appeals, 14th District (Houston)2022
- in the Interest B.J.A., a Child, Texas Court of Appeals, 4th District (San Antonio)2019
- in the Interest of H.J.Y.S., a Child, Texas Court of Appeals, 10th District (Waco)2020
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