In re M.P. (Per Curiam)
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The Supreme Court held that remand is not the proper remedy for a successful factual-sufficiency challenge to Tex. Fam. Code 161.006(b)(1)(D) and (E) when termination is otherwise valid on another predicate ground.
The trial court terminated Father's parental rights, basing its termination on three predicate grounds and finding that termination was in the child's best interest. The court of appeals affirmed termination under subsection 161.001(b)(1)(O) for failure to comply with the service. Because a predicate ground for termination under (M) is prior termination for endangerment under (D) or (E), however, the court of appeals examined the sufficiency of the evidence and held that the evidence for termination under subsections (D) and (E) was not factually sufficient. The court then remanded the case for a new trial on (D) and (E). The Supreme Court reversed in part, holding that the court of appeals erred in remanding the case for a new trial on the factually insufficient predicate grounds.
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