Legal Opinion · Dissent

In the INTEREST OF D.M., a Child

Texas Court of Appeals, 4th District (San Antonio)

Decided November 24, 2014No. 04-14-00399-CVPublished

1DissentRebeca C. Martinez, Justice

Because I disagree that the Department met its burden of proving by clear and convincing evidence that termination of Emma’s parental rights is in the best interest of D.M., I respectfully dissent. Given the strict scrutiny we are to give to a termination proceeding, and our mandated deference in favor of the parent when involuntary termination of parental rights to a child are at issue, I believe the majority has failed to protect the parent’s constitutional rights to due process in this case.

To terminate parental rights, the Department must prove by clear and convincing evidence that the…

2Cases cited18 opinions

  1. In the interest of C.H.Texas Supreme Court · 2002
  2. In the Interest of J.F.C.Texas Supreme Court · 2002
  3. Holley v. AdamsTexas Supreme Court · 1976
  4. Holick v. SmithTexas Supreme Court · 1985
  5. In the Interest of A.V.Texas Supreme Court · 2003

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