In Re Doe 10
In Re Doe 10
Opinion of the Court
delivered the opinion of the Court,
Jane Doe is a pregnant, unemanci-pated
Doe was represented by an attorney, and the trial court also appointed a guardian ad litem. See id. § 33.003(e) (Supp.
The trial court denied Doe’s application. It indicated its decision on a form by placing the word “No” next to “The applicant is mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents, her managing conservator or guardian” and next to “Notifying either of the applicant’s parents, managing conservator or guardian would not be in her best interest.” The court left blank the space next to “Notifying either of the applicant’s parents, managing conservator or guardian may lead to physical, sexual, or emotional abuse of the applicant.” The trial court'then placed a check mark next to “The application is denied.” Although the form provides lined space under each ground for the court to write findings of fact supporting its decision, the trial court wrote nothing in that space.
Doe filed a confidential appeal to this Court, arguing that the trial court’s ruling must be reversed and the application deemed granted because of the trial court’s failure to comply with Chapter 33’s requirement that the court “shall rule on an application submitted under [section 33.003] and shall issue written findings of fact and conclusions of law not later than 5 p.m. on the second business day after the date the application is filed with the court.” Tex. FaM.Code § 33.003(h) (Supp. 2002). Doe argues that, because the trial court failed to comply with these mandatory requirements, Doe was denied a “timely and complete judgment” and the application is deemed to be granted. See Tex. Fam.Code § 33.003(h) (Supp. 2002); In re Jane Doe 1(II), 19 S.W.3d 346, 357 (Tex. 2000). We agree, and we reverse the court of appeals’ judgment and render judgment granting the application.
I.
The Legislature requires that the trial court “shall issue written findings of fact and conclusions of law.” Tex. Fam. Code § 33.003(h) (Supp. 2002). If a minor alleges possible abuse, the trial court must determine whether, based on all the evidence presented at the hearing, a preponderance of the evidence supports a finding that notification may lead to abuse. In re Jane Doe 2, 19 S.W.3d 278, 283 (Tex. 2000). In order to allow meaningful appellate review, “the trial court must make specific findings concerning the potential for abuse.” Id. And, “if the trial court determines that the minor’s testimony about potential abuse is not credible, it should also make specific findings in that regard.” Id.
As noted, the Legislature has mandated that the trial court must both rule on an application and issue written findings of fact and conclusions of law not later than 5 p.m. on the second business
II.
At trial, Doe presented evidence concerning both possible physical and emotional abuse, but not sexual abuse. Doe’s parents are divorced, and she lives with her mother. She testified that her father has a drinking problem and that he has hit her and her siblings. Specifically, she testified that he once beat her sister for wetting the bed, leaving bleeding bruises on her thighs, that he grabbed her sister by the throat and threw her into the back of the closet, and that he hit her other sister with his fist across her face, leaving blood on the wall. She also stated that her father has “violent tendencies” and “little things make him snap.”
With regard to her mother, Doe testified that she had a conversation with her mother about the consequences of her becoming pregnant. She testified that the “conversation basically went, if I were to— if I was ever pregnant, I might as well not come home. I’d have no place to stay. I’d have no freedom, no liberties. My car would be taken away. My cell phone would be taken away. I wouldn’t have all' the luxuries that I do now.” Later, when Doe was asked whether she felt certain that her mother would ask her to leave the house if she found out Doe was pregnant, Doe answered, Wes. She probably wouldn’t ask me to leave, she’d, like, tell me to leave, I’m pretty sure.” In addition, Doe testified that she would have no financial support at that time. Doe testified that she was not employed and was completely financially dependent on her parents. We view this evidence in a light that tends to support the finding of possible abuse and disregard all evidence and inferences to the contrary. See Bradford v.
Chapter 38 does not define “emotional abuse” or “physical abuse” and we have not defined these terms in our earlier opinions.
There was no evidence to controvert Doe’s testimony on these issues, and the trial court made no findings of fact regarding Doe’s credibility. Given the low evi-dentiary standard of “some evidence,” we can only conclude that there is at least some evidence that, regardless of which parent she notifies, notification may lead to Doe’s abuse, and thus the trial court’s failure to issue findings of fact and conclusions of law requires us to deem the omitted element in Doe’s favor. Therefore, under the Legislature’s mandate in section 33.003(i), the application must be deemed to be granted on the ground of possible abuse. Accordingly, we reverse the court of appeals’ judgment and render judgment granting Doe’s application for a judicial bypass.
III.
The trial court’s failure to issue findings of fact or conclusions of law with regard to one of the bases asserted for a judicial bypass requires that the omitted basis be deemed to have been found in the minor’s favor if there is some evidence to support the finding. This failure to issue fact findings does not comport with the Legislature’s directive or with this Court’s admonishments in In re Jane Doe 1 and In re Jane Doe 2. Fact findings are necessary to demonstrate the trial court’s careful consideration of each ground asserted for bypass, and particularized findings are essential to meaningful appellate review, at least when credibility or maturity concerns are involved. As we have said, “[T]he mere fact that the trial court has checked a box on a form does not demonstrate that it has given the careful consideration nec
IV.
We reverse the court of appeals’ judgment and render judgment granting Doe’s application for a judicial bypass.
. "Unemancipated minor” includes a minor who is unmarried and has not had the disabilities of minority removed under Chapter 31 of the Texas Family Code. Tex. Fam.Code § 33.001(5) (Supp. 2002).
. On the record, the trial court stated: "I don’t think she demonstrates maturity, and it is the maturity point on the first ground that has to be met. And just a — it is discretionary enough here that I believe it would not be in her best interest not to tell." Oral comments from the bench are not written findings of fact. See In the Interest of W.E.R., 669 S.W.2d 716, 716 (Tex. 1984).
. The possibility of emotional abuse may be based solely on a minor’s testimony, and does not require testimony from a professional. See In re Jane Doe 3, 19 S.W.3d 300, 304 (Tex. 2000) (Gonzales, J., concurring).
. Justice Hecht, in his dissent in Doe 3, argued that abuse within the meaning of section 33.003(i) is the same as abuse defined in section 261.001 of the Family Code. In re Jane Doe 3, 19 S.W.3d 300, 315 (Tex. 2000) (Hecht, J., dissenting). Justice Owen also would apply that definition. Id. at 319 (Owen, J., dissenting). Justice Gonzales, joined by Chief Justice Phillips, concluded that emotional abuse "contemplates unreasonable conduct causing serious emotional injury.” Id. at 304 (Gonzales, J., concurring).
Concurring Opinion
concurring in the judgment.
Nothing in any statute or rule governing parental notification proceedings prescribes that a minor’s application to have an abortion without notice to either of her parents must be granted if the trial court issues a timely ruling but fails to make a finding on a ground asserted by the minor and supported by some evidence. The only relevant statutory provision states: “If the court fails to rule on the application and issue written findings of fact and conclusions of law within the [specified] period ..., the application is deemed to be granted.... ”
I did not agree with this judicial rewriting of the statute,
There is some evidence that the minor’s father may physically abuse her if she were to discuss the matter with him. According to her, he has been physically abusive to her siblings over far less serious matters. There is no evidence that her mother would be physically abusive. As to whether her mother might be emotionally abusive, the minor’s scant testimony on the subject is somewhat equivocal. In its entirety, that testimony is as follows:
Q And have you ever had a conversation with either of your parents regarding what would happen or what the consequences of your becoming pregnant would be?
A My father, no, because my father and I aren’t very close. My mother, yes. We have had a conversation about what would happen if I were to come home pregnant, and that conversation basically went, if I were to — if I was ever pregnant, I might as well not come home. I’d have no place to stay. I’d have no freedom, no liberties. My ear would be taken away. My cell phone would be taken away. I wouldn’t have all the luxuries that I do now.
[[Image here]]
Q And based upon your earlier testimony, if you were to approach your mother to discuss your pregnancy and your options, do you feel certain that she would ask you to leave the house?
A Yes. She probably wouldn’t ask me to leave. She’d, like, tell me to leave, I’m pretty sure.
The minor’s two answers are hard to square. On the one hand, she fears that her mother might keep her at home without a car, cell phone, or other “luxuries”, and on the other she is concerned that her mother might expel her from home altogether. In any other kind of case I doubt a majority of the Court .would say that evidence this weak can be credited towards a party’s burden of proof. But again, this Court does not treat parental notification proceedings as other cases. I believe a fair reading of our precedents is that the testimony I have quoted, as ambiguous as it is, is enough for the minor’s application to be granted in the absence of a finding by the trial court to the contrary. Accordingly, I agree with the Court’s conclusion that because the trial court failed to discharge the responsibility that this Court — not the Legislature — has placed on it, the trial court’s decision must be reversed.
Before ruling in this case, the trial court took a recess, in the judge’s words, “to review some of the Supreme Court cases on this.” I find it hard to understand how the trial court could have done much of a review and overlooked this Court’s insistence on detailed findings on issues raised by the minor, especially issues related to her credibility which the trial court alone is in a position to judge. I can well understand a trial court’s thinking that a statute' — even a statute related to abortion— should mean what it says, but even a cur
It should be noted, however, that a trial court is not bound to grant a minor’s application based solely on her fear that her parents would force her out of the home if they knew she was pregnant. If that were evidence enough, then virtually every application would be granted. In ten cases, we have yet to see one in which the minor did not say that she feared her parents would throw her out. Not all such fears are justified. In one case we know of, after remand from this Court, the minor decided to tell her mother after all, and no abuse resulted.
For these reasons I concur in the Court’s judgment.
. Tex. Fam.Code § 33.003(h) (emphasis added).
. See Tex.R. Civ. P. 299.
. In re Doe 1(II), 19 S.W.3d 346, 357 (Tex. 2000).
. Id. at 366, 379-381 (Hecht, J., dissenting).
. Mormon v. Mustang Aviation, Inc., 430 S.W.2d 182, 186 (Tex. 1968) (citing Moss v. Gibbs, 370 S.W.2d 452, 458 (Tex. 1963), and United States v. South Buffalo Ry., 333 U.S. 771, 774-775, 68 S.Ct. 868, 92 L.Ed. 1077 (1948)).
.- S.W.3d -, -, 2001 WL 1795019 (Tex. 2002) (Baker, J., joined by Enoch, Hankinson, and O’Neill, JJ.) (arguing that the Court should overrule its decision in Drilex Sys., Inc. v. Flores, 1 S.W.3d 112 (Tex. 1999),
. Tex. Fam.Code § 33.003(i) (“If the court finds that ... notification may lead to physical, sexual, or emotional abuse of the minor, the court shall enter an order authorizing the minor to consent to the performance of the abortion without notification to either of her parents or a managing conservator or guardian and shall execute the required forms.”).
. See In re Doe 1, 19 S.W.3d 249, 257 (Tex. 2000); In re Doe 2, 19 S.W.3d 278, 282 (Tex. 2000); In re Doe 4, 19 S.W.3d 322, 325 n. 1 (Tex. 2000).
. In re Doe 4, 19 S.W.3d 322, 327-328 (Tex. 2000) (Hecht, J., dissenting).
. See Tex. Fam.Code § 151.001(b) ("The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma until the end of the school year in which the child graduates.”); see also id. § 154.001(a) ("The court may order either or both parents to support a child in the manner specified by the order ... until the child is 18 years of age or until graduation from high school, whichever occurs later....”).
Reference
- Full Case Name
- In Re Jane DOE 10
- Cited By
- 50 cases
- Status
- Published