Opinion

In re B.R.

  • 822 S.W.2d 103
  • 1991 Tex. App. LEXIS 2574
Court
Court of Appeals of Texas
Filed
Oct 18, 1991
Status
Published
On the bench
Colley
Cited by
144 cases
Authority
More cited than 21.1%

holding that abusive or violent conduct by a parent or other resident of a child's home can produce an environment which endangers a child's physical or emotional well-being

How later courts described this case

  • holding that abusive or violent conduct by a parent or other resident of a child's home can produce an environment which endangers a child's physical or emotional well-being
  • holding that inappropriate or unlawful conduct by persons living in a home with the child is part of the child’s “conditions or surroundings” within the ambit of (D)
  • recognizing that the parents' conduct is inherent part of a child's conditions and surroundings
  • recognizing the link between a parent=s conduct and a child=s conditions and surroundings

Written by the judges who cited it.

The opinion

OPINION ON REHEARING

Appellant asks us to follow the opinion of In the Interest of A.C. and L.C., 758 S.W.2d 390 (Tex.App.-Fort Worth 1988, no writ); we still find it illogical and decline to follow it.

Further, appellant urges us to reconsider her no evidence point in light of our interpretation of Tex.Fam.Code Ann. § 15.02(1) (Vernon Supp.1991). We find there is legally and factually sufficient evidence that the appellant knew of sexual abuse of her children in October 1988 when the Department of Human Services was appointed temporary managing conservator of two of her children and she kept the remaining children in that environment until the State intervened in January 1989. Therefore, a finding that she knowingly placed or allowed her children to remain in conditions or surroundings that endangered them is supported by the record.

The appellant’s motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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