In the Interest of B.L.Y., A Child--Appeal from 73rd Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00860-CV
IN THE INTEREST OF B.L.Y., a Child
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2002-PA-00026
Honorable Andy Mireles, Judge Presiding (1)

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 31, 2003

AFFIRMED

Appellant, B.L.Y.'s mother, appeals the trial court's order terminating her parental rights. The only issue raised on appeal is whether the trial court erred in finding that termination was in B.L.Y.'s best interest.

In a legal sufficiency review, we review all the evidence in the light most favorable to the finding to determine whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was true. In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002). In a factual sufficiency review, we must give due consideration to evidence that the factfinder could reasonably have found to be clear and convincing. Id. The inquiry is "whether the evidence is such that a factfinder could reasonably form a firm belief or conviction about the truth of the State's allegations." Id.

We examine whether the evidence supports a finding that termination is in B.L.Y.'s best interest in light of the following factors: (A) the desires of the child; (B) the emotional and physical needs of the child now and in the future; (C) the emotional and physical danger to the child now and in the future; (D) the parental abilities of the individuals seeking custody; (E) the programs available to assist these individuals to promote the best interest of the child; (F) the plans for the child by these individuals or by the agency seeking custody; (G) the stability of the home or proposed placement; (H) the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and (I) any excuse for the acts or omissions of the parent. Holley v. Adams, 544 S.W.2d 367, 371-372 (Tex. 1976); In re D.G., 5 S.W.3d 769, 772 (Tex. App.--San Antonio 1999, no pet.).

On the date of the termination hearing, B.L.Y. was approximately nine months old. Appellant had two felony prostitution cases pending with trial set for approximately two months after the date of the hearing. Appellant intended to remain in jail until the date of trial. In addition to the pending charges, appellant had 12 or 13 prior prostitution convictions and additional drug convictions.

The appellant has seven other children. Four of the children were being cared for by appellant's mother, and the other three were being cared for by appellant's ex-husband. Appellant's involvement with the Department of Protective and Regulatory Services dated back to 1987 with referrals regarding her other children. When B.L.Y. was born, she had cocaine in her system. Appellant also tested positive for cocaine at the time of B.L.Y.'s birth. When asked the identity of B.L.Y.'s father, appellant admitted that she was prostituting and abusing drugs and had no idea who the father could be.

Before B.L.Y. was removed from the home, appellant was offered intervention services but failed to comply with those services. In addition, appellant had not visited B.L.Y. while she was in foster care. B.L.Y. is currently placed in a foster/adopt home. The family is very motivated to adopt B.L.Y. The foster parents were working with Easter Seals to deal with B.L.Y.'s developmental needs.

Appellant testified that she has been sober for two months while in jail and intends to get her life back together. Appellant stated that she is attending GED and life skills classes in jail. Appellant admitted that she had not complied with the services offered before she was placed in jail because she was on drugs.

The evidence is legally and factually sufficient to enable a reasonable factfinder to form a firm belief or conviction that the termination of appellant's parental rights is in the best interest of B.L.Y. The trial court's judgment is affirmed.

Alma L. L pez, Chief Justice

PUBLISH

1. The Honorable Associate Judge Peter Sakai presided over the hearing and approved and recommended a termination decree. The Honorable Andy Mireles adopted and ordered the termination decree.