· 3/4/2008
in the Interest of A.S., D.S. and L.A.S
Citations
- 261 S.W.3d 76
- 2008 Tex. App. LEXIS 1529
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that evidence of single use of marijuana does not rise to conscious course of conduct
- rejecting Department's argument that father \did not suggest that he could do anything to provide the children with a safe environment\ because burden of proof was on Department to prove inability, not on father to prove ability
- finding evidence legally insufficient to support an endangerment finding and noting the father “was given probation . . . not imprisonment” and “there was no conviction at the time of the termination hearing, and thus, the length of imprisonment, if any, was speculative”
- evidence insufficient when child removed at birth and Department offered no evidence of actual surroundings or conditions
- “[I]ncarcerated parent[s] can provide [a] safe environment . . . through identification of [a] friend, relative, or spouse as [a] care provider”
- “Generally, implementation of a family service plan by [DFPS] is considered a reasonable effort to return a child to the parent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Yates, Fowler, Guzman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.