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· 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 CourtListener

Sourced 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.