Texas Supreme Court: In-Person Notification Mandated for TPR Cases

September 26, 2012 (Press-News.org) The Texas Supreme Court recently issued a landmark ruling that could affect thousands of child protection cases annually brought by the Texas Department of Family Protective Services (DFPS). The verdict was the result of years-long legal wrangling between the DFPS and a mother who had lost custody of her children following a state-sponsored lawsuit.

Background of the Case

This landmark decision -- Supreme Court of Texas No. 11-0282, In the Interest of E.R., J.B., E.G., and C.L., Children -- concerns a DFPS petition to terminate the parental rights of four children. In this specific case, the children had been removed from the mother's home and placed in temporary conservatorship at the home of their aunt. There was a long history of state involvement in the family's lives, including allegations of physical abuse, signs of neglect and documented drug abuse by the children's mother. After the children were removed from the mother's home and living with a conservator for several months, the state initiated proceedings to terminate her parental rights so the children could be adopted.

The family's caseworker at the DFPS testified that she was unable to provide in-person service of notification of the removal proceedings because no address could be located for the children's mother. The mother had a telephone number on file at DFPS, so she was tangentially made aware of the proceedings, but her only legal "notice" was published in a local paper. The trial court judge allowed notice by publication after the caseworker testified she was unable to find a physical address after a short but thorough search had taken place.

During the termination proceedings, the court found that the mother's parental rights as to the children should be terminated. Pursuant to Texas family laws, the mother was given the standard period of six months to contest the ruling, after which time the ruling was expected to stand. The mother actually brought the challenge a full two years after the court's initial ruling for termination on the basis that she was never properly served notice of the termination proceedings. The Supreme Court of Texas agreed, and the case was remanded to the trial court for consideration of the original termination action brought by DFPS.

Why Does the Ruling Matter?

This case could potentially affect many of the estimated more than 16,000 termination of parental rights cases brought by the DFPS annually. Conceivably, a parent could indefinitely delay termination proceedings by simply refusing to provide an address where notice could be served. While such a delay would be fortuitous for those parents who are facing unwarranted termination proceedings, it could cause upheaval for those children caught in legal limbo waiting to be adopted by loving and competent temporary conservators, relatives or stepparents.

Regardless of the cause behind the termination proceedings, if you are a parent facing the termination of your parental rights, or if you are a parent awaiting the termination of your co-parent's rights so that your child can have a new life, seek the advice of a skilled family law attorney in your area. Doing so is an important step towards protecting your legal rights and learning about the options available to you.

Article provided by The Law Office of Ryan S. Dougay
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