In the interest of A.T.S. and M.D.S. (Published Memo): Termination of parental rights with another constitutional challenge to the Family Code’s indigent parent provisions.
The Tyler court holds that the Family Code Section 263.405(i) requirement of statements of appellate issues does not prevent parties from appealing matters that come up after the statements are filed. In this case, it’s the trial court’s findings of fact and conclusions of law that were entered after the statements were filed.
The terminated parents had alleged that the Family Code was unconstitutional to the extent that it required them to see into the future. It doesn’t, so it isn’t.
The parents got to present their appeal. But it was denied. The Tyler court goes to great lengths to set out the drug/un-under employment/non-compliance with CPS “family plan” evidence that supports the trial court’s decision to terminate parental rights.
