pjc-family-2024-lib

T ERMINATION OF P ARENT -C HILD R ELATIONSHIP

PJC 218.3

2. knowingly placed or knowingly allowed CHILD A to remain in con ditions or surroundings which endangered the physical or emotional well being of CHILD A ? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to any part of Question 2, then answer Question 3. Otherwise, do not answer Question 3. QUESTION 3 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 submissions in PJC 218.3B and 218.3C are based on Tex. Fam. Code §§161.001(b), 161.004. The “clear and convincing evidence” standard is specified in Tex. Fam. Code § 161.206. Further, the standard is constitutionally required in all pro ceedings 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). When to use. The foregoing questions are for use if termination of the parent child relationship is sought based on conduct listed in Tex. Fam. Code §161.001(b)(1), there has been an earlier order under Tex. Fam. Code §161.004 denying a petition to terminate the parent-child relationship of the parent, and evi dence of conduct alleged to have occurred before the prior order was entered has been admitted. See Tex. Fam. Code §§ 161.001, 161.004.

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