Father's Parental Rights Termination for Parole Violation
In In re J.N.R., 982 S.W.2d 137 (Tex.App.-Houston [1st Dist.] 1998, no pet.), court held the evidence presented factually sufficient to support the termination of the father's parental rights. J.N.R., 982 S.W.2d at 142-44.
In that case, at the time of the child's birth, the father was incarcerated. J.N.R., 982 S.W.2d at 139.
After the father was released from prison, he began to have a relationship with his child, and the TDPRS created a family service plan with the intent of ultimately placing the child with the father. J.N.R., 982 S.W.2d at 140.
However, before the child was permanently placed with the father, he began engaging in conduct that was detrimental to the child. Id.
The father was arrested on four separate charges, spent time in jail, violated his parole, did not appear for scheduled drug tests, and did not complete the tasks of attending parenting classes or obtaining a safe home environment as he had agreed to do. Id.
Additionally, the State presented evidence that termination was in the best interest of the child because the child had certain physical and emotion needs that demanded attention. J.N.R., 982 S.W.2d at 142.
Court held that the father's parental rights should be terminated because he had engaged in a course of conduct that endangered the emotional well-being of his child. J.N.R., 982 S.W.2d at 144.
Imprisonment, alone, does not constitute engaging in conduct that endangers the physical or emotional well-being of the child. Id.
However, if the evidence, including imprisonment, shows a course of conduct that has the effect of endangering the physical and emotional well-being of the child, than termination of parental rights is appropriate.
In re J.N.R., 982 S.W.2d at 142. Specifically, if the imprisonment of the parent displays a voluntary, deliberate, and conscious course of conduct, it qualifies as conduct that endangers the emotional well-being of the child, even if the conduct is not directed at the child and even if no physical injury results. See id.