NO. 12-06-00002-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
§ APPEAL FROM THE 307TH
IN THE INTEREST
§ JUDICIAL DISTRICT COURT OF
OF J.H., A CHILD
§ GREGG COUNTY, TEXAS
MEMORANDUM OPINION
Joshua and Crystal Hines appeal the trial court’s final order in a conservatorship and termination proceeding brought by the Texas Department of Family and Protective Services (“DFPS”). In four issues, Appellants assert the trial court’s final order was an illegal order based upon factually insufficient evidence and that trial counsel was ineffective. We affirm.
Appellate Review of Subchapter E Final Orders
Subchapter E of Chapter 263 of the Texas Family Code governs final orders in conservatorship and termination proceedings in cases involving children under DFPS care. In re A.J.K., 116 S.W.3d 165, 169-70 (Tex. App.–Houston [14th Dist.] 2003, no pet.). A final order under subchapter E is one that (1) requires the child to be returned to the child’s parent; (2) names a relative of the child or another person as the child’s managing conservator; (3) without terminating the parent-child relationship, appoints DFPS as the managing conservator of the child; or (4) terminates the parent-child relationship and appoints a relative of the child, another suitable person, or DFPS as managing conservator of the child. Id. (citing Tex. Fam. Code Ann. § 263.401(d) (Vernon 2002)). Here, the proceeding was brought by DFPS seeking conservatorship of J.H. (a child under DFPS care) and termination of the parent-child relationship. The appealed order appointed two nonparents as joint managing conservators of J.H. Therefore, this order is a final order rendered under subchapter E. See id.
The Texas Family Code requires an appellant seeking review of a subchapter E final order to file with the trial court, no later than fifteen days after the final order is signed, a statement of points on which the appellant intends to appeal. Tex. Fam. Code Ann. § 263.405(b) (Vernon Supp. 2006). The statement may be filed separately or may be combined with a motion for new trial. Id. An appellate court may not consider any issue that was not specifically presented to the trial court in a timely filed statement of points. Tex. Fam. Code Ann. § 263.405(i) (Vernon Supp. 2006). While a statement of points may be combined with a motion for new trial, a motion for new trial that does not include such a statement of points is not sufficient to allow appellate review of a subchapter E final order. See id.
The final order in this case was signed on November 29, 2005, following which Appellants filed a motion for new trial. Appellants did not file the required statement of points separately or include a statement of points in their motion for new trial. Accordingly, we cannot consider any of the issues Appellants have raised on appeal. See Tex. Fam. Code Ann. § 263.405(i). This rule applies to all issues raised by Appellants, even ineffective assistance of counsel. See In re A.H.L., No. 08-05-00307-CV, 2006 Tex. App. LEXIS 9340, at *17-18 (Tex. App.–El Paso Oct. 26, 2006, no pet.); In re D.A.R., 201 S.W.3d 229, 230-31 (Tex. App.–Fort Worth 2006, no pet.).
Disposition
Because we cannot consider any issues Appellants have raised on appeal, we affirm the trial court’s order.
SAM GRIFFITH
Justice
Opinion delivered January 24, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)