Wednesday, March 6, 2013

Texas: Parental rights revoked upon charges of child endangerment. BY: Cori M.


Oxford v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, No. 03-11-00261-CV (Tex. App. Mar. 21, 2012).


Texas: Parental rights revoked upon charges of child endangerment  

Bobby Oxford, Jr., the appellant in this matter, contested an order from the District Court regarding the termination of parental rights to 2 year-old daughter (hereon referred to as “S.B”).  In the district hearing, the Court found cause due to Oxford’s history of leaving S.B. in the care of persons whose conduct may have endangered the child, and in environments considered hazardous to S.B’s well-being. Oxford also committed criminal activities leading to his imprisonment, and therefore, no viable means to tend to the child. 
Upon appeal, Oxford contested the original ruling with the following three issues: Oxford cited failure by the Court to take in consideration his prior role as primary caregiver; the evidence of cause behind termination of his rights was insufficient; and finally, such ruling as a result of Oxford’s criminal conviction lacked necessity—Oxford was attempting to have his conviction overturned.
Actions of the Appellate Court may not be properly cited through reporter document, as the appellant did not have the funds to appropriate publication.  Therefore, issues requiring reporter record for ruling could not be decided upon appeal.  See Tex. R. App. P. 37.3(c).  All three issues raised by the appellant required reporter documentation for a valid ruling.
Upon publication of this opinion, no evidence existed of any appeal regarding Oxford’s criminal conviction, and no request was issued for reporter publication. Therefore, the Court could only affirm the prior ruling.

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