In re Interest of L.J.

IN THE INTEREST OF L.J.

NO. 09-19-00457-CV

Court of Appeals Ninth District of Texas at Beaumont

Submitted on April 21, 2020

June 9, 2020

On Appeal from the 317th District Court Jefferson County, Texas

Trial Cause No. C-235,685

MEMORANDUM OPINION

B.J. appeals the trial court's order terminating her parental rights. In her first six issues, B.J. challenges the legal and factual sufficiency of the evidence supporting the best interest finding and the finding that she has a mental or emotional illness that renders her unable to provide for the child, as well as the termination grounds specified in sections 161.001(b)(1)(D), (E), (O), and (P). See Tex. Fam. Code Ann. §§ 161.001(b)(1)(D), (E), (O), (P), (2), 161.003(a). In issue seven, B.J. argues that the trial court failed to admonish her regarding the dangers of self-representation, and that despite having the assistance of standby counsel, she was denied the effective assistance of counsel. We affirm the trial court's judgment terminating B.J.'s parental rights.

BACKGROUND

In July 2018, the Department of Family and Protective Services ("the Department") filed a petition seeking the termination of B.J.'s parental rights to her daughter, L.J. The trial court conducted a bench trial on the Department's petition. Dr. Nisha Amin, a licensed psychologist, testified that at the Department's request, she evaluated B.J., reviewed B.J.'s medical records, and issued a report containing her findings. Amin testified that B.J.'s severe mental illness was the primary cause of her neglect of L.J. and that B.J.'s illness will continue throughout B.J.'s life. Amin diagnosed B.J. with Bipolar I, major depressive disorder, narcissistic personality disorder with schizoid traits, and attention deficit hyperactivity disorder. Amin explained that the evidence indicates B.J. has some elements of schizophrenia.

According to Amin, B.J.'s belief that L.J. was sexually molested, despite no findings of abuse by medical practitioners or the Department, is part of B.J.'s delusions and symptomology. Amin explained that B.J. lacked the important parenting skill known as reality testing, which is the ability to recognize what is true or not true in your environment. Amin testified that B.J.'s lack of good logical reasoning skills will affect how she reacts with L.J. when dealing with L.J.'semotions and problems. Amin stated that it was concerning that B.J. acts on her paranoia and delusions, and B.J. has gone to significant lengths to promote her thoughts and beliefs, which could be detrimental to a child. Amin testified that she also had concerns regarding B.J.'s past aggressive behaviors, suicidal ideations. hallucinations linked with magical thinking, unstable temperament, absence of nurturing, and inability to attach with her children or other appropriate social entities. According to Amin, B.J. is not financially independent and is unable to seek out resources or sustain a support system.

Amin testified that B.J. has a severe history of noncompliance with treatment, particularly medication noncompliance, and that B.J.'s past behavior is a good predictor of her future behavior. Amin explained that B.J. was hospitalized for psychiatric reasons in 2013, 2014, 2017, and 2018, and she does not maintain long-term relationships with her mental health providers, is paranoid about the effects of certain medications, and tells the psychiatrist what medication she wants. According to Amin, even though B.J. reported that she quit using marijuana, B.J. continued to exhibit drug-seeking behavior. Amin testified that there is no consistent reasoning or logic behind B.J.'s actions or choices, which points to B.J.'s instability and her inability to parent L.J. According to Amin, B.J.'s mental illness renders her unable to provide for L.J.'s physical, emotional, and mental needs, and B.J.'s mental illness,in all reasonable probability, will continue to render her unable to provide for L.J.'s needs until L.J. is eighteen.

Nakeshia Williams, a supervisor with the Department, testified that she was the initial caseworker for B.J., and the main issues in B.J.'s case were neglectful supervision, severe mental health problems, and the fact that B.J.'s mental health problems continued even when she was supposedly taking her medications. Nakeshia testified that B.J. stalked her and accused her of having custody of L.J., and Nakeshia filed harassment charges against B.J. Nakeshia stated that L.J. was approximately seven weeks old when she came into the Department's care due to B.J. having a psychotic break and being involuntarily committed to a psychiatric hospital. According to Nakeshia, B.J. was in the psychiatric hospital approximately three to four times during the beginning of the case, and B.J. checked herself out of the hospital before a treatment plan could be developed.

Nakeshia explained that B.J. had a history with the Department, and in 2012, B.J. was dealing with mental health issues when her son was removed for being in a dangerous situation. Nakeshia testified that B.J.'s rights to her son were terminated in 2015, and B.J. failed to comply with the services in her son's case and signed a voluntary relinquishment. According to Nakeshia, it was concerning that L.J.'s removal was due to neglectful supervision because B.J.'s failure to take care of hermental health issues was a danger to L.J. Nakeshia explained that B.J. endangered L.J. by using marijuana while caring for her. Nakeshia testified that because B.J. was not in her right mind when L.J. was removed, B.J. endangered L.J. due to the conditions and surroundings she placed L.J. in, and B.J. also engaged in conduct that endangered L.J. Nakeshia testified that B.J. was unable to care for L.J. for weeks when L.J. was just a few weeks old, and B.J. is still unable to fully provide for L.J.

Nakeshia explained that during the case, B.J was only compliant with her medications for approximately six months, and B.J. failed to maintain employment due to her mental health issues and did not have stable housing or a support system. Nakeshia testified that B.J. had another child while L.J. was in the Department's care. Nakeshia testified that when B.J. visited with L.J., L.J. cried most of the time and B.J. was unable to console L.J. or bond with her. According to Nakeshia, during B.J.'s last visit with L.J., B.J. claimed that L.J. was bleeding from her vagina and accused the foster parents of sexually molesting L.J., but there was no evidence supporting B.J.'s allegation. Nakeshia stated that she believed that B.J. suffers from numerous delusional beliefs and has a hard time taking care of herself, and that B.J.'s mental health issues prevent her from taking proper care of L.J. currently and in the future.

Nakeshia testified that she provided B.J. with a family plan of service and explained it to B.J., and B.J. failed to comply with the plan. Nakeshia testified that in July 2019, B.J. tested positive for cocaine and codeine, and Nakeshia was concerned that B.J. was self-medicating instead of taking her mental health medications. Nakeshia explained that L.J. had been with her foster parents for approximately eight months, and she had bonded with them and was thriving and well taken care of. According to Nakeshia, terminating B.J.'s parental rights is in L.J.'s best interest.

Ashley Williams, a local permanency specialist with the Department, testified that she was the foster care worker for L.J., and B.J.'s same behavior problems continued after Ashley took over the case from Nakeshia. Ashley testified that B.J. was paranoid, delusional, aggressive, and made false allegations. According to Ashley, when L.J. was removed, B.J.'s mental health created an extreme danger to L.J. Ashley explained that due to B.J.'s behavior, her office had to get an injunction, which ordered that B.J. could only call her office twice per week, but B.J. failed to comply with the order. Ashley also explained that she had problems getting B.J. to agree to visitations with L.J., and during the visits, L.J. cried.

Ashley stated that B.J. called 911 during one of the visits because she believed L.J. was sick, and B.J. became angry when other people tried to console L.J. Ashleyalso testified that B.J. failed to comply with the plan of service and that it was in L.J.'s best interest that B.J.'s rights be terminated.

B.J. testified that when she started experiencing symptoms of postpartum depression approximately one month after L.J. was born, she was taking her medication, but she started smoking marijuana again, which brought on more symptoms. B.J. testified that when L.J. was seven weeks old, an old friend visited without any notice, and B.J. became afraid for L.J. B.J. explained that after her friend left, she took L.J. to L.J.'s father's house, and when he refused to let them stay, B.J. had a severe anxiety attack and requested an ambulance. According to B.J., when the ambulance arrived, the paramedics took L.J., who was placed in the Department's care, and B.J. was placed in a short-stay psychiatric hospital where she was told she was being treated for postpartum depression and psychosis.

B.J. testified that after she was released from the hospital, she went home to find that all her belongings had been taken, and B.J. voluntarily committed herself because her medication was not working properly. After her release, B.J. sought family services, met with a counselor, and received supporting housing for functional mental health patients. According to B.J., at that point, she was approximately nine months pregnant, and she had completed her services and had everything she needed to care for L.J. B.J. testified that she currently had a lot ofanxiety, and B.J. claimed that she started the investigation concerning L.J. because she believed L.J. was bleeding from her vagina. B.J. admitted that she had been diagnosed with mental health issues and claimed that she was currently taking her mental...