In re Interest of E.C.R.

Mother was seen punching and dragging her four-year-old daughter (Daughter) by her ponytail down the street. Mother's eight-month-old son (Son) was not present during the incident. The police arrested Mother, who later pleaded guilty to bodily injury to a child. The Department of Family and Protective Services took possession of Son under Tex. Fam. Code Ann. 262.104 because he faced a "continuing danger to his physical health or safety" if returned to Mother. Later, the trial court terminated Mother's parental rights to Son under Tex. Fam. Code Ann. 161.001(1). The court of appeals reversed, holding (1) for a trial court to terminate parental rights under section 161.001(1)(O), it must find the child who was the subject of the suit was removed as a result of the abuse or neglect of that specific child; and (2) Mother's abuse of Daughter was not evidence that Mother abused or neglected Son. The Supreme Court reversed in part, holding that abuse or neglect includes placing the child's physical health or safety at substantial risk, and the parent's abuse or neglect of another child is relevant to that determination. Remanded. View "In re Interest of E.C.R." on Justia Law