Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 18, 2024.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re R.H., No. 02-23-00371-CV (Mar. 21, 2024) (Birdwell, J., joined by Kerr and Bassel, JJ.).

Held:  The trial court did not err in making termination findings under both the Indian Child Welfare Act (ICWA) and Section 161.001 of the Texas Family Code.  First, ICWA does not preempt the Family Code.  Also, because ICWA requires finding beyond a reasonable doubt that continued custody by the parents would result in serious emotional or physical damage to the child, it is more protective of parents’ rights than the findings required under the Family Code.  Therefore, Mother could not have been harmed where termination was realized under both statutes.