In re Interest of J.S. (Opinion)
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The Supreme Court held that a parent whose parental rights have been terminated cannot complain for the first time on appeal that the trial court failed to make the "extraordinary circumstances" and "best interest" findings under Tex. Fam. Code 263.401(b).
The statute at issue provides that a court may retain a parental rights termination suit if it finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the Department of Family and Protective Services and that continuing that conservatorship is in the child's best interest. The court in this case made only one of the required findings when it extended the dismissal deadline. Mother appealed a subsequent judgment terminating her parental rights. The court of appeals vacated that judgment and dismissed the termination suit, concluding that the trial court lost jurisdiction by failing to make the additional required finding by the dismissal deadline. The Supreme Court reversed, holding that the findings requirement is not jurisdictional, and therefore, the court of appeals erred in dismissing the action.
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