In Re: S.J.G.

The evidence is factually sufficient to prove by clear and convincing evidence that appellant knowingly placed S.J.G. in conditions or surroundings that endangered her physical and emotional well-being and that appellant engaged in conduct that endangered S.J.G.'s physical or emotional well-being.

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Click here for the full text of this decision The evidence is factually sufficient to prove by clear and convincing evidence that appellant knowingly placed S.J.G. in conditions or surroundings that endangered her physical and emotional well-being and that appellant engaged in conduct that endangered S.J.G.’s physical or emotional well-being. FACTS:After pleading guilty to sexually assaulting his 6-year-old daughter, the state moved to terminate appellant’s parental rights. He appealed the sufficiency of the evidence and the trial court’s jurisdiction. Appellant did not file a statement of points, as is required by Family Code �263.405. That section provides for expedited appeals pursuant to Supreme Court rules, and subsection (b) requires a party seeking an accelerated appeal to file a statement of points or points on which the party intends to appeal “not later than the 15th day after the date a final order is signed by the trial judge.” The state argues appellant cannot challenge any non-jurisdictional issues, such as factual sufficiency, because he did not file a statement of points. The state contends failure to comply with subsection (b) constitutes a waiver. HOLDING:Affirmed. The court first reviews �263.405 in its entirety, finding the apparent legislative intent behind the statutory statement of points requirement to be to give the trial court some way to determine whether an appeal is frivolous and thereby eliminate unmeritorious parental-termination appeals. The focus is on reducing delay between final judgement and final judicial appeal, the court says, and “[c]onstruing noncompliance with subsection (b) as a waiver of all non-jurisdictional appellate issues does not reduce any post-judgment appellate time period and does not weed out frivolous parental-termination appeals.” The court determines that the legislature intended that a parent whose parental rights have been terminated receive either: 1. a normal accelerated appeal, unlimited by his statement of points, after a finding by the trial court that the appeal is not frivolous; or 2. an appeal from the trial court’s determination that the appeal is frivolous. Consequently, the court holds that under these facts, appellant’s failure to file a statement of points “is not a jurisdictional defect that prevents this court from address his issues on appeal.” The court next decides whether the trial court’s failure to issue an appropriate temporary order under Family Code �262.201 deprived the trial court of jurisdiction. Taking note of an earlier holding that �262.201 is procedural and not jurisdictional, the court rules that the trial court did not lose jurisdiction 14 days after the state took possession of appellant’s child when it did not sign the order terminating appellant’s rights until over a month later. OPINION:Day, J.; Day, Livingston and Walker, JJ.

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