Opinions, April 2, 2015

This morning the Fourteenth Court of Appeals issued its opinion in In re T.L.R. and T.J.R., No. 14-14-00812-CV (Tex.App.–Houston [14th Dist.] Apr. 2, 2015) affirming the termination of the mother’s parental rights. One of the mother’s grounds for appeal was that she had sent CPS requests for admissions which CPS received but did not answer. At trial, however, she testified to her criminal history and positive drug tests and by failing to object to evidence that contradicted her deemed admissions, she thereby waived her deemed admissions. The Court of Appeals noted that requests for admissions should be a tool for stipulations as to uncontroversial matters and not a “trapdoor” for conclusions on the merits, but the result did not turn on this point. After that, the mother’s testimony regarding her extensive drug use and criminal history were sufficient to support the finding of endangerment and, eventually, termination.

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