Parental Rights Termination Based on Religious Beliefs
In Maltos v. Dept. of Protective and Regulatory Servs., 937 S.W.2d 560, 564 (Tex. App.-San Antonio 1996, no writ), the appellant requested a jury instruction based upon the right to religion found in the Texas Constitution.
The trial court did not submit that instruction.
The Maltos court did submit the following instruction:
A parent's religious beliefs, teachings, and practice, in and of themselves, are not grounds for terminating the parental rights of the parents to the child, unless the teachings and practices of the beliefs are illegal, immoral, or demonstrably harmful to the child.Id.
This instruction is the one approved by the San Antonio Court of Appeals in Maltos. Id.