In the Interest of K.W., a Child v. the State of Texas

Court of Appeals Tenth Appellate District of Texas 10-25-00048-CV 10-25-00049-CV In the Interest of D.L.W. and P.L.W., Children In the Interest of K.W., a Child On appeal from the 82nd District Court of Falls County, Texas Judge Bryan F. Russ, Jr., presiding Trial Court Cause Nos. 41783, 41958 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION The underlying cases were tried together. After a bench trial, the trial court terminated Mother and Father’s parental rights to their three children, D.L.W., P.L.W., and K.W. In two issues on appeal, Father challenges the sufficiency of the evidence supporting the predicate grounds for termination and the best-interest findings as to each child, and contends that the trial court improperly took judicial notice of the two underlying termination files and his criminal file.1 We affirm. 1 Mother did not appeal the trial court’s order terminating her parental rights to the children.  Background At the final hearing, Mother agreed that she and Father had a violent relationship dating back to 2018. She testified that the Department removed D.L.W. and P.L.W. and placed them in foster care after she and Father had a physical altercation while the two children were present. Mother explained that in October of 2023, Father was angry with her for being out late at a friend’s house with the children. While Father was driving the family home from the friend’s house, Father punched Mother in the face. Mother was holding six-month-old P.L.W. in her lap when this occurred, and two-and-a- half-year-old D.L.W. was in the back seat. When they got home, Father choked Mother with a belt to the point of unconsciousness. Mother testified that when she awoke, Father body slammed her, continued to punch her, and fractured her ribs. Mother grabbed a knife from the kitchen and stabbed Father with it. D.L.W. and P.L.W. were crying and upset. Mother testified that this was not the first domestic violence incident that occurred in front of the children. Father provided similar testimony regarding the October 2023 incident, but he denied any prior domestic violence against Mother. On April 29, 2024, while the case involving D.L.W. and P.L.W. was pending, Mother gave birth to K.W. Mother admitted to using marijuana while she was pregnant with K.W. and she tested positive for marijuana at his birth. In the Interest of D.L.W. and P.L.W., Children Page 2 In the Interest of K.W., a Child The Department removed K.W. shortly thereafter and placed him in a separate foster home. At trial, Mother detailed another assault that Father committed against her while these cases were pending. She explained that on September 4, 2024, while she was pregnant, Father chased her down the street and punched her in the stomach. Mother suffered a miscarriage approximately ten days later. Father was charged with the felony offense of assault on a pregnant individual for this conduct. See TEX. PENAL CODE ANN. § 22.01(b). At trial, Father admitted that he pled guilty to this charge and received a twelve-year prison sentence. Mother testified that she ended her relationship with Father after this assault. The Department caseworker testified that both parents were provided with a family service plan in each case.2 In his testimony, Father agreed that he was aware of the court-ordered services that he was required to complete for reunification with his children. Nevertheless, he admitted that he did “[n]othing at all” toward completion of the services, even before he was in custody. Despite his lack of participation for approximately sixteen months, 2 The family service plans were not admitted into evidence at the final hearing. However, the trial court took judicial notice of both of the underlying case files. The trial court may properly take judicial notice that it signed an order adopting the family service plan and what the plan listed as the necessary requirements to be completed by the parent for the children to be returned. See In re J.E.H., 384 S.W.3d 864, 870 (Tex. App.—San Antonio 2012, no pet.). In the Interest of D.L.W. and P.L.W., Children Page 3 In the Interest of K.W., a Child Father testified that he was “going to get better.” He also agreed that although he expected to become parole-eligible within the next couple of years, he was in no position at the time of the final hearing to have his children returned to his care. Father testified that he believed it was in the best interest of his children for ne