In the Interest of J.L.C., a Child Appeal from 46th District Court of Wilbarger County (concurring opinion)
Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-18-00052-CV IN THE INTEREST OF J.L.C., A CHILD On Appeal from the 46th District Court Wilbarger County, Texas Trial Court No. 27,854, Honorable Dan Mike Bird, Presiding July 19, 2018 CONCURRING OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. I join in the opinion of the majority in all respects except the portion holding that a factual sufficiency review is unavailable in a civil termination proceeding where the standard of proof is beyond reasonable doubt or where the Indian Child Welfare Act applies. This is because I question whether the opinion in Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) applies to an appeal of a civil termination, as opposed to a criminal conviction. See S.P. v. Tex. Dept. Family & Protective Servs., No. 03-17-00698CV, 2018 Tex. App. LEXIS 1788, at *5 n.5 (Tex. App.—Austin Mar. 9, 2018, no pet.) (mem. op.) (stating that it is unclear whether the factual sufficiency standard applies). I would hold, though, that the evidence of record remains more than sufficient to withstand attack even if the factual sufficiency review were to apply. So, the issue need not be decided here. Brian Quinn Chief Justice 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
