pjc-family-2024-lib

PJC 218.2

T ERMINATION OF P ARENT -C HILD R ELATIONSHIP

Answer “Yes” or “No.” Answer: _______________ 3. the Department of Family and Protective Services has made reason able efforts to return CHILD A to PARENT A ? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to each part of Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Do you find by clear and convincing evidence that termination of the parent child relationship between PARENT A and CHILD A would be in the best inter est of CHILD A ? Answer “Yes” or “No.” Answer: _______________ [See PJC 218.4 for discussion of additional questions.] COMMENT If more than one child or parent. Tex. R. Civ. P. 277 requires separate jury ques tions for each parent and each child on each individual statutory ground for termina tion and on whether termination of the parent-child relationship is in the best interest of the child. Appropriate sets of questions should be added to those shown above if more than one child is involved or if termination is sought as to more than one parent. See PJC 218.1B as an example. Source. The ground for termination submitted above is based on Tex. Fam. Code § 161.003(a)(1)–(2), (a)(4)–(5). The “clear and convincing evidence” standard is spec ified in Tex. Fam. Code § 161.206. Further, the standard is constitutionally required in all proceedings for involuntary termination of the parent-child relationship. Santosky v. Kramer , 455 U.S. 745 (1982); In re G.M. , 596 S.W.2d 846 (Tex. 1980). Tex. Fam. Code §161.003(a)(3) provides that, for this termination ground to arise, the Texas Department of Family and Protective Services (formerly Department of Protective and Regulatory Services) must have been the temporary or sole managing conservator of the child for at least six months preceding the date of the hearing, which may not be

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