Legal Opinion

D. J. and A. S. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin)

Decided March 3, 2021No. 03-20-00454-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-20-00454-CV D. J. and A. S., Appellants v. Texas Department of Family and Protective Services, Appellee FROM THE 146TH DISTRICT COURT OF BELL COUNTY NO. 312,083-B, THE HONORABLE ALAN MAYFIELD, JUDGE PRESIDING CONCURRING OPINION I agree with the Court’s decision to affirm the district court’s order. I write separately to emphasize two points. First, when terminating parental rights under Section 161.001(b)(1)(M), I believe that it is the Department’s burden to prove by clear and convincing evidence that the prior termination decree is no…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. In the Interest of E.R.Texas Supreme Court · 2012
  4. in the Interest of P.W., a Child v. Texas Department of Family and Protective Services, Texas Court of Appeals, 14th District (Houston)2019

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