In the trial court, it was revealed that the mother had a history of drug use, had been incarcerated for heroin use, was recently seen using heroin, and that a cigarette burn was found on the 2 year old child's arm. The Department of Family Protective Services filed a petition with respect to the child and expressed doubts regarding the mother's mental stability. The mother voluntarily signed an affidavit of relinquishment of parental rights under section 161.103 of the Family Code and testified that she believed doing so was in the best interest of her child. The caseworker also testified that relinquishment was in the best interest of the child who was in a safe and secure home with the grandmother. The trial court rendered final judgment terminating parental rights.
The mother changed her mind and appealed. Read more to see what happened.
Finally, the Supreme Court of Texas reversed the appellate court. The problem with the mother's appeal was that she challenged the sufficiency of the evidence instead of claiming fraud, duress, or coercion under section 161.211(c). Thus, the mother's appeal was foreclosed by statute.