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Texas Supreme Court hears whether refusal to do CPS-ordered services can justify parental-termination
Summary
At oral argument, petitioners told the Supreme Court of Texas that the record lacks legally sufficient evidence that parents endangered their children and said termination flowed from a refusal to comply with department-ordered services. The respondent urged deference to the jury, citing differential treatment, post-removal conduct and the parents' absence from the state.
The Supreme Court of Texas on Tuesday heard competing arguments over whether parents'refusal to participate in family-based services ordered by child-protective authorities can, standing alone, support termination of parental rights.
Petitioners' lawyer Mister Sharpe urged the justices to reverse a trial-court verdict that terminated the parents' rights, saying the record does not contain legally sufficient evidence of endangerment. "Because they told the department, we are not going to cooperate," Sharpe told the Court, arguing the refusal to engage with ordered services was the decisive fact rather than proven abuse.
The respondent, represented by Mister Scanlon, defended the jury's finding and the termination on multiple grounds. "Sometimes juries get it wrong. This jury did not get it wrong," Scanlon said, urging the Court to review whether reasonable jurors could form a firm conviction under the clear-and-convincing-evidence…
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