Texas Supreme Court
AUSTIN - The Texas Supreme Court has been tasked to decide whether the state has the right to drag children that were moved out of the state back to Texas in order to terminate the rights of a parent.
On Jan. 5, the Texas Public Policy Foundation filed an amicus brief in the case of In the interest of K.N. et al, asking the high court to apply Section 37, Article I of the Texas Constitution, which was enacted this past legislative session to establish the fundamental right of parents to direct their children's upbringing, including care, custody, education, and religious training.
“The People of Texas, through the enactment of Section 37, Article I of the Texas Constitution, have made clear that they expect their government to treat the parent-child relationship with the utmost respect and safeguard it accordingly,” the brief states.
“Texas can, and should, continue to be a beacon for elevating the parent-child relationship to its proper place of honor in society by requiring proof beyond a reasonable doubt evidentiary standard for all termination of parental rights orders.”
According to the petition for review, the case began when K.N. (a child) made an outcry at school that she was being dragged by her hair by C.N (the child’s mother).
The Texas Department of Family and Protective Services’ investigator was told by C.N. that she would not cooperate with the department so a motion and order to participate in services was obtained.
“C.N. asserts she was not terminated for any abuse or neglect ... but rather her refusal to go to counseling, anger management and obtain a psych study,” the petition states. “After a six-month standoff between C.N. and the Department, she moved to Louisiana. It was not until then that the Department sought termination and removal, with no new allegations of abuse or neglect.
“As a matter of law, the termination of C.N.’s rights to K.N. and the sole managing conservatorship of younger siblings should be reversed.”
TPFF filed its brief in response to the Supreme Court’s request for briefing on the application of the Texas Constitution’s newly ratified parental rights amendment (Section 37, Article I) to existing statutes governing termination of parental rights decisions.
This is the first opportunity the high court will have to interpret and apply the new constitutional amendment.
“In November, an overwhelming majority of Texans took the historic step of voting to make Texas the first state in the nation to enshrine affirmative protections for fundamental parental rights in its constitution," said TPPF's Andrew Brown.
“The Foundation’s brief encourages the Supreme Court of Texas to interpret and apply the parental rights amendment in a manner consistent with the desires of Texans, who expect their government to treat the parent-child relationship as sacred and safeguard it accordingly.”
The brief also seeks to answer a specific question asked by the high court on how the parental rights amendment impacts existing statutes governing termination of parental rights.
Due to the severity of termination of parental rights, TPPF argues that, consistent with existing caselaw and the text of the parental rights amendment, the remedy may only be used in very limited circumstances and should be subject to the highest level of scrutiny by courts.
The petition for review argues that at the time of the commencement of an initial custody proceeding, C.N.’s children were living in Louisiana, not Texas.
“The statute governing the filing of the emergency order of protection requires that the suit be brought in the county in which the children are found,” the petition states. “There was no compliance with this statute making the subsequent order void.”
As the case proceeded, with C.N. refusing to comply with the order of participation, both parents and the children moved to Louisiana on Aug. 20, 2022.
Eleven days later, the department filed an “Original Petition for Protection of a Child, for Conservatorship and for Termination in Suit Affecting Parent Child Relationship.” That same day, the court entered an “Order for Protection in an Emergency.”
As a result of the order, an adversary hearing was held on Sept. 21, 2022, and C.N. told the court she would not turn the children over to the Texas department. The following month, C.N. was indicted for interference with a child custody order.
“In November of 2022, C.N. was arrested in Louisiana on this charge and the children (were) transported back to Texas,” the petition states. “There was no drug use by (the) mother. All that she was guilty of was telling the Department she was not interested in counseling, anger management or a psych study.
“As a result, her family was completely destroyed.”
Supreme Court case No. 24-0881
