In the Interest of J.o.a., T.j.a.m., T.j.m., and C.t.m., Children

Summary

The Texas Supreme Court held that an indigent parent may raise an ineffective assistance of counsel claim on direct appeal even though it was not included in a timely statement of points under Family Code section 263.405, and that section 263.405(i) is unconstitutional as applied when it precludes a parent from raising a meritorious complaint about the insufficiency of the evidence supporting termination. Applying Strickland, the Court agreed trial counsel's failure to file a statement of points was seriously deficient, but it rejected the court of appeals' determination that the evidence was legally insufficient to terminate the father's parental rights on endangerment grounds, concluding a reasonable factfinder could have formed a firm belief or conviction of endangerment. Because the court of appeals had found the evidence factually sufficient review being committed to the courts of appeals, the Court modified the court of appeals' judgment to remand for a new trial on the father's parental rights. Justice Willett concurred separately, urging trial courts to adopt prophylactic measures against deliberate evasion of the statement-of-points requirement.