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Opinion filed September 27, 2007
In The
Eleventh Court of Appeals
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No. 11-07-00068-CV
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IN THE INTEREST OF F.C.G., A CHILD
On Appeal from the 90th District Court
Stephens County, Texas
Trial Court Cause No. 28,954
M E M O R A N D U M O P I N I O N
The trial court terminated the parent-child relationship between F.C.G. and Jesse Guerrero and TamaraWalsh a/k/a Tamara Guerrero. The trial court found that termination was in the child=s best interest, that the Guerreroes had engaged in conduct which endangered the child=s physical or emotional well-being, that they had failed to comply with the terms of a court-approved service plan, and that Jesse Guerrero had constructively abandoned the child. The Guerreroes challenge this ruling with one issue, contending that the evidence was insufficient. We affirm.
The Department of Family and Protective Services filed suit to terminate the Guerreroes= parental rights. The Guerreroes waived a jury and the trial court conducted a bench trial. Following trial, the court terminated the Guerreroes= parental rights. They filed a notice of appeal and requested findings of fact and conclusions of law, but they did not file a statement of the points on which they intended to appeal as required by Tex. Fam. Code Ann. ' 263.405(b) (Vernon Supp. 2006). The trial court conducted what it described as a Section 263.405 hearing and entered an order finding that the Guerreroes were indigent and that their appeal was not frivolous.
The Department contends that, because the Guerreroes did not file a statement of points, we may not consider their factual insufficiency issue. We agree. When a trial court signs a final order for a child under department care, a party who wishes to appeal that order must file a statement of the point or points on which they intend to appeal with the trial court and must do so within fifteen days of the date of the final order. Section 263.405(b).
Because no statement of points was filed, the Guerreroes have failed to preserve their complaints for appellate review. Tex. Fam. Code Ann. ' 263.405(i) (Vernon Supp. 2006); In re M.N., 230 S.W.3d 248 (Tex. App.CEastland 2007, pet. filed); In re T.T., 228 S.W.3d 312 (Tex. App.CHouston [14th Dist.] 2007, pet. denied); In re J.W.H., 222 S.W.3d 661 (Tex. App.CWaco 2007, no pet.); In re D.A.R., 201 S.W.3d 229 (Tex. App.CFort Worth 2006, no pet.). The sole issue is overruled.
The judgment of the trial court is affirmed.
RICK STRANGE
JUSTICE
September 27, 2007
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.