Full opinion text
OPINION ELSA ALCALA, Justice. In this termination of parental rights case, the biological mother claims her child was kidnapped by the biological father, but the current caretakers of the child call that claim “revisionist history.”. Agreeing that the assertions by the biological mother lack credibility, the trial court rendered judgment terminating the parental rights of appellant, Carrie Jordan, the biological mother of R.A. The trial court also appointed the current caretakers of the child, appellees, Jerry and Pamela Dossey, as sole managing conservators of R.A. In this accelerated appeal, Jordan contends in her first issue that the evidence is legally and factually insufficient (1) to support termination under three statutory grounds found in section 161.001(1) of the Texas Family Code, and (2) to support a finding that termination of her parental rights is in the best interest of R.A. See Tex. Fam. Code Ann. § 161.001(1), (2) (Vernon Supp. 2009). If we sustain the first issue, Jordan’s second issue requests that we remand the case for the trial court to reassess its determination of conservatorship. Because our review of the record shows the evidence is legally and factually sufficient to support termination of Jordan’s parental rights, we affirm. Background Jordan is the biological mother and James E. Akin is the biological father of R.A., who was born on November 5, 2006. Jordan had custody of R.A. for the first three weeks of his life, but not since then. Akin had custody of R.A. from the time R.A. was three weeks until one year of age. R.A. has been cared for by the Dos-seys for over two years since he turned one year of age. The evidence presented at trial discussed (A) the events before R.A. was born, (B) the first ten months of R.A.’s life from the time he lived with Jordan to the time he lived with Akin, (C) the tenth through twelfth months of R.A.’s life when Akin met Jerry Dossey and gave R.A. to him and his wife, and (D) the events transpiring during the second and third years of R.A.’s life. A. The Events Before R.A. Was Born Medical records show that by age 15, Jordan had been sexually abused, diagnosed with “major depression,” suffered from “psychiatric/substance abuse,” and had “10 to 15 suicide attempts” by “drink[ing a] cleaning product, cutting and self-mutilation.” At trial, Jordan denied that she had tried to kill herself that many times, claiming she only tried to kill herself twice, once as a teenager and once as an adult. At age 19, she was diagnosed with a seizure disorder. In January 2006, while enrolled in college, Jordan was sexually assaulted in her apartment. She dropped out of school and moved into a shelter in Oklahoma City, Oklahoma. After a few weeks at the shelter, Jordan met Akin, became pregnant with R.A., and she quickly left the shelter to live with Akin. During the first five months of her pregnancy with R.A., Jordan lived with Akin in a transient lifestyle in “crack houses” and around criminals. Jordan acknowledged that she could barely care for herself during this period of time. She observed that Akin was usually unemployed, unable to keep a job, and unable to support her. Within several months of meeting Akin, Jordan learned he was a convicted sexual offender, although she claimed at trial she did not know about that until much later. Jordan also learned he was a violent person. Jordan stated that he struck her on at least 10 occasions while she was pregnant and that she knew this endangered R.A. when he was a fetus. Medical records document that Jordan said that when she was pregnant, Akin pushed her, kicked her, and punched her in the face. While she was pregnant with R.A., police officers had to frequently respond to what Jordan described as “domestic” calls. During the last four months of her pregnancy, Jordan lived in a shelter called the Rose Home, which was run by Rhonda Davis. The Rose Home is a home for pregnant women with mental illnesses. There, she received prenatal care, parenting classes, and enrolled in a program that assists newborns. When she initially moved into the Rose Home, according to Jordan, Akin visited her often and was renovating a home for them to move into, but according to Davis, Akin infrequently visited and appeared uninterested in Jordan. While eight months pregnant, Jordan attempted suicide with a broken mirror, requiring her hospitalization in September 2006 at St. Michael’s Hospital. At trial, Jordan denied that this was a suicide attempt, explaining that she had only suicidal ideations caused by Akin’s sudden failure to take her to the home he said he had renovated for them and by her inability to contact him. Four of the last six weeks of Jordan’s pregnancy were spent at Midwest Regional Hospital. According to Jordan’s trial testimony, Akin visited her there once, and he told her that he had not appeared earlier because he had been arrested for fighting and extradited to another state. After this single visit by Akin in the final three months of Jordan’s pregnancy, Akin failed to appear at the hospital when R.A. was born on November 5, 2006. B. The First Ten Months of R.A.’s Life After giving birth to R.A., Jordan returned to the Rose Home where she resided with R.A. Within two or three days of R.A.’s birth, Davis took Jordan to the house where Akin was living on 7th Street. Jordan showed R.A. to Akin, but Akin was not interested in them. According to Davis, Akin refused to speak to Jordan as Jordan was “begging” him for attention. There is conflicting testimony regarding Akin’s presence at the Rose Home and the circumstances surrounding Akin’s removal of R.A. from the Rose Home. The day after Jordan visited Akin, he may have come to the Rose Home on November 12, 2006. Jordan’s trial testimony stated that he did, but her deposition testimony was that he did not, and Davis’s testimony was that he did not. Similarly, depending on which version of the events is believed, Akin may have come to the Rose Home on the day before Thanksgiving, which was November 24, 2006, and left with R.A., either with or without Jordan’s consent. Jordan testified at trial that Akin “kidnapped” R.A. when he kept him without permission following what was supposed to be a short trip to the grocery store to pick up items for Thanksgiving dinner. In contrast, Jordan’s description to Special Agent Mike Phill was that R.A. was taken by Akin when Akin left her a note or called her stating he was keeping R.A. Other evidence, however, shows that Jordan gave R.A. to Akin for him to take care of because Jordan hoped that his bonding with the child would help them reunite as a family. Davis testified that when she saw that R.A. was not with Jordan at the Rose Home, she offered to retrieve R.A. from Akin, but Jordan told her everything was okay because Akin was good with children. Davis’s impression of the situation was that Jordan wanted Akin to have R.A. Davis’s impression was consistent with Akin’s statements made in a letter to Jordan written much later after these events. Akin said he never wanted possession of R.A. and was “stuck” with R.A. due to Jordan’s disappearance. From November 24, 2006, when Jordan claims R.A. went to live with Akin, to three weeks later on December 16, when she was asked to leave the Rose Home, Jordan resided at the Rose Home without R.A. Depending on which version of the events is believed, either she was uninterested in taking R.A. from Akin or she was frantically searching for them. Davis described Jordan as not wanting Davis’s assistance when Davis offered to take her to get R.A. from Akin, explaining that Jordan appeared to want Akin to have R.A. In contrast, Jordan’s trial testimony conveys that she notified police officers, Legal Aid, and private attorneys. Aside from her trial testimony, however, no other evidence shows Jordan contacted anyone to seek custody of R.A. during this period of time while she was living at the Rose Home. On December 16, Jordan was asked to leave the Rose Home because Davis thought Jordan was a “danger to herself ... or others” after she made threatening gestures with a knife. Jordan acknowledged that she was asked to leave the Rose Home, but she minimized the reason, stating all she did was slam the dishwasher door. When she left the Rose Home on December 16, Jordan immediately walked 24 blocks to the 7th Street address where Akin was living with R.A., and had a seizure while arguing with Akin. According to Jordan’s trial testimony, Akin walked out of the house holding R.A., walked back into the house, handed R.A. to someone inside the house, and walked out of the house empty handed, refusing to give her R.A. Jordan later told medical personnel who were treating her that she saw R.A. had crusted blood under his nose and bruises. Following the seizure, Jordan was taken by ambulance to University of Oklahoma (OU) Medical Center, where she was quickly committed involuntarily when she tried to commit suicide by hanging herself there. She was in the OU hospital from December 16 to 21 of 2006, then either in a shelter or homeless from December 22 to 28 in 2006, and then hospitalized again from December 28, 2006 to January 17, 2007 at Midwest Regional Medical Center (Midwest) for “major depressive disorder, recurrent, severe with suicidal thinking psychotic features[,]” psychosis, borderline personality disorder, as well as other conditions. During this month, from December 16, 2006, to January 17, 2007 when Jordan was hospitalized for her suicide attempt and suicidal ideations, depending on which version of the events is believed, either Akin held R.A. with Jordan’s consent or Akin continued to possess R.A. without Jordan’s permission. Jordan’s statements contained within the medical records for this period of time vary from day to day concerning whether she was claiming then that R.A. was kidnapped, or claiming that R.A. was with his father under her consent. For example, Jordan testified that she tried to get assistance from the police who refused to help her, but medical records show Jordan was “considering” calling the police. Jordan also testified she contacted Legal Aid and private attorneys, but the medical records are silent concerning any efforts by her to contact Legal Aid and private attorneys. Based on some of Jordan’s statements about Akin’s possession of R.A. to the medical personnel who were treating her when she was admitted into the OU Medical Center on December 16, the personnel contacted the Oklahoma Department of Human Services (DHS). The medical records show DHS quickly investigated the situation by going to Akin’s house and speaking to Akin. The medical records document that DHS determined R.A. was not at risk, and closed the investigation on January 10, 2007. After the case was closed on January 10, other than Jordan’s trial testimony, the record shows no evidence of contacts between Jordan and DHS or any other child welfare agency. There is also conflicting testimony regarding whether or not Jordan knew how to reach Akin from January 10 through September 2007. Either Jordan did not know how to reach Akin after January 10 through September 2007, or she knew where he was living and she was in communication with him. Jordan testified at trial that Akin called her in July 2007 to ask that she mail R.A.’s social security card, which she states she did because he threatened her. Akin, however, in a letter written much later, denied having any contact with Jordan who he said disappeared after she gave him R.A. After her release from the hospital on January 17, 2007, Jordan resided at the Hope Services Center Standers Estate for about nine months until September. The center provided ongoing programs for people released from the hospital on a mental health commitment. Depending on which version of the events is believed, either Jordan continued to look for Akin and R.A. for the first nine months of 2007 and could not find them, or she knew where they were and consented to the situation. At trial, Jordan described a nonconsensual situation where she searched for them, but that version is different from the version she told to Detective Feskanich. In a statement to Detective Feskanich, Jordan said that “when she was down at the Hope Center, she knew that the child was still living at the residence.” When the Detective asked her why she did not make contact with Akin at that time, Jordan “never” gave him a “definite answer” why she could not go there except that she had “curfew.” Starting in the latter half of June 2007, after R.A. had been gone over six months, the record shows documentation of minimal efforts by Jordan to gain custody of R.A. On June 20, 2007, Jordan asked Legal Aid for help, but it declined representation, offering instead to draft all legal documents that would be required for Jordan to petition the court for custody of R.A. Jordan decided not to represent herself and did not pursue the legal action at that time. Although she also claimed at trial that in the “mid to late” summer of 2007 she contacted the Logan County authorities regarding Akin’s status as a sex offender, no documents verify this claim. In September 2007, Jordan moved out of the Hope Center and into her own apartment after she received a lump sum disability payment totaling between $6,000 and $7,000 from Social Security. She acknowledged that she did not use the money to hire an attorney to pursue legal action against Akin, but instead used the funds to move into an apartment, pay off debts, and buy furniture. C. The Tenth through Twelfth Months of R.A.’s Life When R.A. was ten months old, Akin began work on September 26, 2007 for a company owned by Jerry Dossey. One day between October 11 and 23 of 2007, Akin asked Jerry for a ride to work. When Jerry arrived to pick up Akin, Akin was standing on a corner in front of a house holding several bags and R.A. According to Jerry, Akin “stated that his girlfriend had called the Department of Human Services on him for abuse of his child and that they had came and cleared him and looked at the child and released him.” Jerry drove Akin to another house where Akin left his belongings. Jerry described R.A. as dirty and “nonresponsive” with no emotion at that time. When Jerry and Akin returned from a job on the road on October 29, 2007, Akin told Jerry that he did not have anywhere to go, and Jerry paid for Akin to stay in a motel for six nights until the next job on November 4. While Jerry was driving Akin to the motel, Jerry asked whether Akin wanted to pick up R.A. Akin said that R.A. was at the babysitter’s house and that he did not want to see R.A. After explaining that he had seen Jerry with his adopted daughter, Akin asked him if he would like to adopt R.A. Akin told Jerry he had no family who could take R.A. and that R.A.’s mother had committed suicide after R.A. was born. Jerry said he would have to discuss it with his wife. After a meeting between the Dosseys and Akin, the Dos-seys agreed to care for R.A. and obtained a signed power of attorney from Akin on November 20, 2007. R.A. was living in a deplorable situation when the Dosseys rescued him soon after obtaining the signed power of attorney. Akin had left R.A. with a person he called a “babysitter.” The babysitter lived in a “crack house” that was “covered in alcohol bottles,” “very dirty,” and “smelled like feces.” Jerry loaned Akin $150 to pay the babysitter, who demanded the money in exchange for R.A. R.A. was filthy, covered in human feces, and his penis had fused to his scrotum causing his skin to peel off there. R.A. had an “explosive” fear of taking a bath. R.A. did not cry or show emotion. When R.A. ate, he ate as much as he could and then stored food in his mouth, which is a condition that occurs when a child is irregularly fed. A medical examination of R.A. revealed he had scabies. D. Events Transpiring the Second and Third Years of R.A.’s Life On December 20, 2007, after the Dos-seys began caring for R.A., Akin stopped working for Jerry. Although they could not locate Akin for information, the Dos-seys attempted to get a birth certificate for R.A. and a death certificate for R.A.’s mother by trying to obtain information from the babysitter where R.A. had been recovered, as well as Akin’s ex-girlfriend Jessica. Information given by Jessica led Jerry to the Rose Home, where he learned Jordan had been before she moved to the Hope Center. Due to confidentiality, however, Jerry could not obtain more information about Jordan or R.A. Jerry spoke to a neighbor, Officer Phillip Stewart who worked for the Harrah, Oklahoma police department. Jerry gave Officer Stewart the names of Jordan and R.A. to see if Stewart could find any information about them but Stewart reported that he could not find Jordan in his records. Around January 2008, as they were planning their move from Oklahoma to Texas for a different employment opportunity for Jerry, the Dosseys contacted an attorney in Texas to determine how to proceed to adopt R.A., in light of the abandonment of the child by Akin and the suicide of R.A.’s mother. The attorney advised them to wait six months before filing the case. The Dossey family moved to Sugar Land, Texas in April 2008. Around the time the Dosseys took custody of R.A. in late 2007, Jordan contacted various police agencies in search of R.A., which led her to Special Agent Mike Phill with the Minnesota police department in March 2008. Soon after that, Jordan received a telephone call in March 2008 that revealed information that led to her learning that the Dosseys had possession of R.A. More specifically, in March 2008, Jerry Dossey’s mother contacted Jordan’s parents, but did not identify herself. She asked if Jordan was still alive and various questions regarding Jordan and her relationship with Akin. The number was registered to Bill Sibley, Jerry’s father. Jordan’s parents told Jordan about the call and gave her the number. Jordan called Jerry’s mother, but could not find out any information. Jordan then contacted Special Agent Phill, who contacted various police agencies. In August 2008, Akin was found at a shelter in New York City and charged for failing to register as a sex offender. When questioned by New York police detectives regarding the location of R.A., Akin refused to answer questions and referred them to his attorney. The detectives, however, did discover there was a connection between the Dosseys and Akin, and contacted Special Agent Phill. Special Agent Phill learned the Dosseys had moved to Sugar Land, Texas. Special Agent Phill then requested that Detective Feskanich meet with Jordan so that Oklahoma could open a Missing and Exploited Children case because R.A. had never been reported as missing in Oklahoma. Detective Feskanich testified that his first involvement in this case concerning R.A. was in September 2008, when Jordan made a report of a missing child to the Oklahoma City Police Department. Fes-kanich searched to see if a prior missing child report for R.A. had been filed and found none. He explained that if someone had claimed a child was in danger, he believed a police report would have been generated. Detective Feskanich contacted the Dosseys and told them to take R.A. to the Sugar Land police department where R.A. could be checked and verified as safe and healthy. The Sugar Land police allowed R.A. to remain with the Dosseys after verifying he was safe. Detective Feskanich learned that the Dosseys had hired an attorney to facilitate an adoption and that they intended to keep R.A. Detective Feskanich and Special Agent Phill reported that they were satisfied that R.A. was in a “clean, loving home” and the Detective instructed Jordan that she needed to file a case in a court in Texas to have a judge determine custody. According to Jerry, he and his wife first found out on September 4, 2008 that Jordan was alive. Prior to that time, he had no suspicion that she was alive. Jerry testified that he did not have any knowledge of any contact that occurred between his mother and Jordan’s mother, explaining he was upset about learning about the contact during discovery in this lawsuit, and maintaining that he did not know Jordan was alive until he learned about it in September 2008. Around the time R.A. turned two years of age in November 2008, Jordan obtained pro bono counsel and sued to establish sole conservatorship of R.A. The Dosseys responded to Jordan’s suit by filing a petition seeking sole conservatorship, termination of Jordan’s and Akin’s parental rights, and the right to adopt R.A. The trial court held a bench trial that lasted six days. It heard testimony from the Dosseys, Detective Feskanich, Special Agent Phill, Davis, Jordan, an amicus attorney, and Janie Cravens, a licensed social worker who testified that it would be in the child’s best interest to remain with caretakers with whom the child has bonded. The trial court terminated Akin’s parental rights by entering a default judgment. The trial court also terminated Jordan’s parental rights after finding that termination of the parent-child relationship was in the best interest of R.A., and that she committed three grounds under section 161.001(1) by leaving R.A. alone or in the possession of another without providing adequate support and remaining away for a period of at least six months (section C); knowingly placing or allowing R.A. to remain in conditions or surroundings that endanger his physical or emotional well-being (section D); and engaging in conduct or knowingly placing R.A. with persons who engaged in conduct that endangers his physical or emotional well-being (section E). The court then appointed the Dosseys as managing conservators. Jordan filed a motion for new trial and a motion for a judgment notwithstanding the verdict. The court denied both motions and signed findings of fact and conclusions of law. Jordan appealed the trial court’s determinations but Akin did not. Standard of Review A parent’s rights to the “companionship, care, custody, and management” of his or her children are constitutional interests “far more precious than any property right.” Santosky v. Kramer, 455 U.S. 745, 758-59, 102 S.Ct. 1388, 1397, 71 L.Ed.2d 599 (1982); see In re M.S., 115 S.W.3d 534, 547 (Tex.2003). A termination decree is complete, final, irrevocable, and divests for all time that natural right as well as all legal rights, privileges, duties, and powers with respect to each other except for the child’s right to inherit. Holick v. Smith, 685 S.W.2d 18, 20 (Tex.1985). Termination proceedings should be strictly scrutinized, and the involuntary termination statutes should be strictly construed in favor of the parent. Id. However, “the rights of natural parents are not absolute” and “the rights of parenthood are accorded only to those fit to accept the accompanying responsibilities.” In re A.V., 113 S.W.3d 355, 361 (Tex.2003). Recognizing that a parent may forfeit his or her parental rights by their acts or omissions, the primary focus of a termination suit is protection of the child’s best interests. Id. Proceedings to terminate parental rights under the Family Code require proof by clear and convincing evidence. Tex. Fam.Code Ann. § 161.001 (Vernon Supp.2009); In re J.O.A., 283 S.W.3d 336, 344 (Tex.2009). Clear and convincing evidence is “proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re J.O.A., 283 S.W.3d at 344. When the legal sufficiency of the evidence is challenged, a court should look at all the evidence in the light most favorable to the finding to determine whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was true. Id. To give appropriate deference to the factfinder’s conclusions, looking at the evidence in the light most favorable to the judgment means that a reviewing court must assume that the factfinder resolved disputed facts in favor of its finding if a reasonable fact-finder could do so. Id. A corollary to this requirement is that a court should disregard all evidence that a reasonable factfin-der could have disbelieved or found to have been incredible. Id. This does not mean that a court must disregard all evidence that does not support the finding. Id. Disregarding undisputed facts that do not support the finding could skew the analysis of whether there is clear and convincing evidence. Id. If, after conducting its legal sufficiency review of the record evidence, a court determines that no reasonable factfinder could form a firm belief or conviction that the matter that must be proven is true, then that court must conclude that the evidence is legally insufficient. Id. at 344-45. When the factual sufficiency of the evidence is challenged, only then is disputed or conflicting evidence under review. Id. at 345. If, in light of the entire record, the disputed evidence that a reasonable fact-finder could not have credited in favor of the finding is so significant that a factfin-der could not reasonably have formed a firm belief or conviction, then the evidence is factually insufficient. Id. Credibility of Witnesses Because the credibility of witnesses is a matter pertinent to each of the grounds for termination, we begin by addressing the trial court’s findings that the trial testimony by Jordan lacked credibility and the trial testimony by the other witnesses who testified either at trial or by deposition was credible. The trier of fact is the sole judge of the credibility of the witnesses and the weight to give their testimony. See City of Keller v. Wilson, 168 S.W.3d 802, 819 (Tex.2005). When there is conflicting evidence, it is the province of the trier of fact to resolve such conflicts. See id. at 820. In every circumstance in which a reasonable trier of fact could resolve conflicting evidence either way, the reviewing court must presume it did so in favor of the prevailing party, and disregard the conflicting evidence in its legal sufficiency review. See id. at 821. If the evidence at trial would enable reasonable and fair-minded people to differ in their conclusions, then the trier of fact must be allowed to do so. See id. at 822. So long as the evidence falls within this zone of reasonable disagreement, we may not substitute our judgment for that of the trier-of-fact. See id. In its finding of fact number eight, the trial court stated, “The testimony by Carrie Jordan as presented at trial was inconsistent and not credible.” The record shows Jordan’s trial testimony is often inconsistent with the testimony of other witnesses, documents in evidence, and her own former statements. In the following section we examine for credibility her assertions that pertain to each of the grounds for termination found by the trial court. Jordan claims (A) her mental condition escalated when her relationship with Akin suddenly changed when Akin failed to arrive in September 2007 to take her to the house he had renovated for her, (B) she never consented for R.A. to be initially placed with Akin, and (C) even if she did initially consent for R.A. to be placed with Akin, she did not consent for R.A. to remain with AMn beyond that initial period of time. The trial court found these contentions lacMng in credibility, and we conclude in section (D) that the record supports the trial court’s credibility determination. A. Change in Mental Condition Due to Change in Relationship According to Jordan’s trial testimony, She started having suicidal ideations when Akin suddenly failed to appear in September 2007 after telling her that he had renovated a house for them to move into together as a family. For several reasons, the record does not support that theory. First, at trial, Jordan paints a picture of surprise at Akin’s failure to appear when he said he would, suggesting that their relationship was fine before that. It is undisputed, however, that Jordan started living in the Rose Home, a shelter for pregnant women with mental illnesses, because AMn was unemployed and unable to support them. During the period of time Jordan lived with Akin while she was pregnant, they did not have a permanent residence. At times, they lived in “crack houses.” At other times, they moved from house to house because Akin would get into an altercation with someone where they were staying and they would then be required to leave the residence. In describing Akin, Jordan said he “always liked to live in neighborhoods where there were severe drug problems and prostitution.” A handwritten note by Jordan stated, “While I was pregnant, James did not work, or if he did, he didn’t hold a job very long.” She acknowledged that while she was with Akin when she was pregnant she did not receive proper nutrition due to their instability. The undisputed evidence shows Jordan was aware of Akin’s financial and personal instability. Second, Jordan’s trial testimony suggests that after she moved into the Rose Home, AMn was interested in pursuing a relationship with her and her baby and visited her often, so that she was surprised by his failure to pick her up to take her to their renovated home. But according to Davis, AMn did not visit often and appeared uninterested in Jordan. Deferring to the trial court’s credibility determinations, the record shows AMn did not want to have a relationship with Jordan. Third, medical records show Jordan has a long history of suicide attempts, having attempted suicide at least 10 to 15 times before she became pregnant with R.A. At trial, Jordan denied having attempted to commit suicide that many times, but the trial court found that testimony lacMng in credibility. Deferring to the trial court’s credibility determinations, Jordan had frequent suicide attempts throughout her life. Fourth, although she acknowledges she knew AMn had certain faults, she denied at trial that she knew he was a convicted sex offender during the period of time when she was pregnant, and claims instead that she learned this information about AMn much later. Jordan presents this picture to explain her surprise at things she found out later about AMn. The record does not support this version. Aside from her trial testimony, the record shows that Special Agent Phill wrote in a 2008 report that Jordan told him, “[she] first became aware [that] Akin was a registered sex offender after a verbal domestic argument on May 2, 2006....” At trial, Special Agent Phill further testified by deposition that Jordan told him “that the first time she found out that he was a registered sex offender was after they had a domestic altercation.” The trial court could reasonably have determined that Jordan knew AMn was a convicted sex offender at the time of the domestic altercation when she was pregnant with R.A. Although at trial Jordan presents a picture of a person shocked by the sudden disappearance of a person who she then called a “husband,” the trial court could reasonably have rejected that testimony as lacking in credibility. The trial court could have reasonably determined from the evidence it found credible that Jordan was not surprised by Akin’s failure to renovate a house for them because he had no financial means to renovate a house, he was too personally unstable to commit to that type of task, and he was not interested in pursuing a relationship with her. Furthermore, Jordan knew that Akin was not reliable because he was often kicked out of houses where he would try to stay, he was often arrested, and he was a convicted sex offender. The trial court could reasonably have rejected Jordan’s explanation about the attempted suicide in September 2007 when she was eight-months pregnant with R.A. as lacking in credibility- B. Initial Placement of R.A. with Akin Jordan contends that she did not knowingly place R.A. with Akin because Akin initially took R.A. from her without her consent. In this section, we focus on a three-week period of time when R.A. initially began living with Akin from about November 24, 2006, when Jordan states Akin took R.A. just before Thanksgiving, to December 16, when Jordan was ousted from the Rose Home. The sole evidence that Akin’s initial possession of R.A. was without Jordan’s consent comes from Jordan’s trial testimony that the trial court determined lacked credibility. Excluding her trial testimony from consideration, and deferring to the trial court’s determination about the credibility of the evidence, the record shows that Jordan voluntarily relinquished R.A. to Akin, who did not want a relationship with them. From the time of R.A.’s birth, Akin was not interested in him. Akin did not go to the hospital when R.A. was born, and when Davis took Jordan to see Akin within a few days of R.A.’s birth, Jordan was “begging” him for attention. Akin did not come to see Jordan at the Rose Home at any point after R.A.’s birth. The trial court expressly found in its findings of fact number six that Jordan “did not” ask Akin “to return the child to her at that time,” referring to December 2006. The trial court also found that Jordan told Davis that R.A. was “ ‘okay’ with his father.” The record shows Davis suggested to Jordan that she should take R.A. back from Akin; however, Jordan “assured [her] that it was okay, that [Akin]— no matter how he was with her, he was very good with children.” Davis testified that although her memory of the conversation was not completely clear, she knew “for a fact that [she] encouraged [Jordan] to bring the baby back and [Jordan] was reluctant to do so.” Davis further stated, “[Jordan] seemed to want [Akin] to have the baby.” Davis said it appeared to her that Jordan wanted Akin to have R.A. so that they could reunite as a family. Davis’s recollection about Akin’s lack of interest in R.A. is supported by Akin’s version of the events. The letter from Akin to Jordan mentions that Akin did not want to have custody of R.A. but was “stuck” with him when Jordan refused to care for R.A. and disappeared. Jordan contends her actions to regain custody of R.A. after R.A. began to live with Akin show that she did not consent to the situation. Jordan claims that soon after R.A. began living with Akin, in the period of time from late November to December 16, 2006, she contacted police officers, Legal Aid, and private attorneys, and tried to raise funds to hire an attorney. Other than Jordan’s trial testimony, no evidence shows she contacted the police, Legal Aid, or attorneys, or tried to raise funds to hire an attorney. More specifically, Officer Feskanich testified that he could not find any report concerning R.A., which he would expect would have been generated if someone had complained that a child was in danger. Legal Aid responded to Jordan’s June 2007 request for assistance, which is the only evidence in the record concerning any contact between them and Jordan. Concerning Jordan’s trial testimony that she tried to contact private attorneys and tried to raise funds to hire an attorney, no evidence shows this, other than her trial testimony. Furthermore, Davis testified that Jordan was not interested in going to retrieve R.A. and it appeared to Davis that Jordan consented to Akin’s possession of R.A. Although she refers to her statements in medical records calling the case a kidnapping, other statements in those same medical records contradict that position. Jordan’s reaction to Akin’s initial possession of R.A. was described by Jordan herself, as recorded in a medical record dated December 28, 2006, which states, She has delivered her young son in November of this year and there has been some difficulties with her ability to keep the child. She had been staying at the Rose Home with the infant, but states that she got angry there and was asked to leave the Rose Home. As such, she was unable to keep her young son, so her husband currently has the child and is living with a family that she is unable to live with as they do not want her there. She states, “They think I am crazy.” (Emphasis added.) Deferring to the trial court’s credibility determinations, the record shows Jordan voluntarily placed R.A. with Akin in late November to December 16, 2006. C. Allowing R.A. to Remain with Akin In this section, we address the period of time from December 16, 2006 to September 2007. 1. Jordan Spent Approximately 25 Days Seeking Assistance from DHS from December 21, 2006 to January 10, 2007 The medical records document that Jordan was in communication with DHS workers from December 21, 2006 to January 10, 2007. On December 21, 2006, the medical records show that Jordan was “concerned about child’s welfare and in touch with multiple people regarding her child.” The record also states that Jordan “had a child welfare employee come visit her.” Medical records dated January 10, 2007 state, [DHS] investigator says that the father does live with roommates, has no job, but the house and circumstances meet appropriate environmental standards for the child. At this time, the investigator says that she is finished with both parties and patient does not need to keep contacting her. She has an open case, but no further action will be taken. The medical records show that the DHS worker said that Akin stated he did not want to be with Jordan because he could not handle her “destructive behavior.” Jordan suggests that her contact with DHS shows she did not allow R.A. to remain with Akin, but the record fails to support that assertion. Instead, the records show Jordan was focused on obtaining DHS’s assistance to find her a place to live with Akin and R.A. The medical records for this period of time show that Jordan was attempting to have DHS intervene to help find a place for Jordan, Akin, and R.A. to live together as a family. The medical records show Jordan “want[s] the case worke[r] to help us find a place where we can all be together, a place for families. I don’t want my baby or us on the street, especially one week before the holidays.” Another medical record states, “She also wanted to talk to social worker so that a placement can be found for her husband and her.... ” The medical reports also document that Jordan was “vague, unclear about why [Jordan] cannot be with husband and child.” Furthermore, the medical records for January 5, 2007 state, Patient wanting to talk with her husband to check on their baby and to see if he will pick up her and the baby’s belongings at the shelter where she was staying. Reports he told her he had brought her a new wedding ring. Reports she really does not know what he is thinking but hopes he is sincere in working towards them being a family together. When DHS became involved, its concern was to determine whether Akin had a suitable environment for R.A. Nothing in the record indicates that Jordan told DHS that she had seen blood and bruises on R.A., that Akin had been physically abusive towards her when she was pregnant with R.A., or that Akin was a convicted sex offender. Having no information about Akin’s history and requests focused on having them find a place for Jordan to live with Akin and R.A., DHS decided to take “no further action” after its snapshot view of Akin’s residence and circumstances. At most, Jordan has shown that she was in contact with DHS for a 25-day period of time and that DHS found that R.A.’s living situation was suitable during that short period they were involved. The trial court could reasonably have determined that this contact with DHS was inconsequential in this case because Jordan did not give DHS the pertinent information about Akin’s background and its assessment was based on a snapshot view of R.A.’s circumstances. Additionally, after January 10, 2007, when Jordan learned DHS would take no further action, Jordan made no effort to have DHS further investigate Akin. Jordan acknowledged at trial that she believed the DHS worker’s assessment was erroneous, and that she believed Akin had R.A. in a “bad environment.” Jordan testified at trial that although the DHS worker reported that R.A. was not in danger with Akin, Jordan disagreed with that conclusion. Although she did not believe “it was a good investigation,” Jordan took no further steps to pursue another DHS investigation and never contacted DHS again after January 10, 2007. This was unreasonable because Jordan knew that, at best, DHS got a snapshot view of R.A.’s environment, which would likely change within a short period of time, given that Akin was a transient, usually unemployed, usually ejected from the places he lived, violent, a convicted sex offender, unreliable, uninterested in having a relationship with R.A., and could not provide proper nutrition to those in his care. The trial court could reasonably have determined that Jordan knew the DHS investigation was inadequate because she did not give the worker pertinent information for her to make an accurate assessment and Akin’s transient lifestyle would produce a different environment for R.A. within a short period of time. 2. After DHS Ended Its Investigation, Jordan Knowingly Allowed R.A. to Remain with Akin from January 10 to September 2007 Jordan contends that after DHS ended its investigation on January 10, Akin continued to have R.A. without her consent from January 10 to September 2007. She points to medical records that include her references to Akin’s possession as a “kidnapping” and claims that she made efforts to regain custody of R.A. during that period of time. In the trial court’s seventh finding, the court found: Prior to March 2008, there was no evidence offered by [Jordan] that she earnestly attempted to locate or retrieve the child after relinquishing him to [Akin] in November 2006 despite being advised to do so and despite offers of help to do so from Oklahoma Legal Aid. The record supports the trial court’s finding that Jordan did not earnestly attempt to locate or retrieve R.A., but it does not support the date of March 2008 and instead it supports the earlier date of September 2007 when Jordan began calling various police agencies. We have already discussed the period of time from approximately November 24, 2006, when R.A. began living with Akin, to January 10, 2007, when DHS was involved in the case. We, therefore, focus on the period of time when R.A. remained with Akin from January 10, 2007, when DHS ended its investigation, to September 2007, when Jordan contacted several police agencies inquiring about R.A. In examining the period of time from January 10 to September 2007, we examine Jordan’s (a) medical records, (b) assertions that she contacted police (e) reasons for not pursuing a civil lawsuit, and (d) assertion that she did not know where Akin was. a. Medical Records Although Jordan asserts the medical records support her position that Akin had R.A. without her consent for the period of time before September 2007, her statements in the medical records are inconsistent. Jordan’s statements documented in the medical records range from one extreme, in which she claims Akin kidnapped R.A., to the opposite extreme, in which she states that Akin is nice, that he is taking care of R.A. while she is unable, and that she wants case workers to help find a place for Akin, Jordan, and R.A. to live together as a family. For example, in the same emergency report where Jordan uses the word “kidnapped,” she quickly explains that Akin “threatened to go to court and get custody” and that he would get a protective order, which are both actions that appear to be inconsistent with a kidnapping. After DHS ended its investigation of Akin, the medical records suggest Jordan consented to Akin having possession of R.A. OU medical records dated January 14, 2007 state, “She did write a letter to her husband asking that he bring her 3 mo[nth] old son to see her. Also told him she did not like where her husband is living.... She describes her mood as ‘great ... I’ve never felt this good in my life.’ ” The medical records contain inconsistent statements concerning whether Akin’s possession of R.A. was with or without Jordan’s consent. We, therefore, must defer to the trial court’s determination that Jordan knowingly and voluntarily let R.A. remain with Akin. b. Contact With Police The medical records show that on January 9, 2007 Jordan said she was “contemplating” calling the police. The record next states, “When asked for what reasons is she justified in calling the police, she didn’t say and changed the subject. [The writer of the note] offered to help in any way.” Nothing in the medical records show Jordan made contact with police when she was hospitalized. Jordan contends that in “mid to late” summer of 2007 she contacted Logan County authorities, who informed her Akin was a noncompliant sex offender who had failed to register in Minnesota, and then she contacted the Oklahoma police, who sent Officer Robert Townsend to meet her at the Standers Estate. Other than her trial testimony, no evidence shows she contacted these authorities at this point in time. Special Agent Phill testified that when he first came into contact with her in March 2008, he spoke to Oklahoma City police officers who did remember talking to her, but he did not specify when that contact between Jordan and those officers occurred. According to Detective Feska-nich, the first report to the Oklahoma police was in January 2008. Feskanich testified that he believed that if Jordan had tried to contact the police before January 2008, the police would have generated a report because a report would be made if a child were in danger. Other than Jordan’s claims at trial that she contacted the police who refused to assist her, no other evidence in the record supports her position that she contacted any police agency prior to September 2007. Based on its credibility assessment of the evidence, the trial court could reasonably have determined Jordan did not seek police assistance until September 2007. c. Reasons for Not Pursuing Civil Lawsuit Jordan asserts she sought to retain an attorney but could not afford one during that period of time. The only evidence to support that claim is Jordan’s trial testimony. Nothing in the medical records mentions Jordan trying to hire an attorney. Moreover, evidence that Jordan received a lump sum disability payment late in the summer of 2007 and spent the money on things such as furniture is strong impeachment of Jordan’s claim that her lack of an attorney was due to a financial inability. Jordan contends she tried to obtain R.A. by seeking the assistance of Legal Aid during the first seven months of R.A.’s life. In June 2007, Legal Aid sent a letter declining representation. This document is the sole evidence about Jordan’s contact to Legal Aid, aside from her testimony at trial. However, for two reasons, the trial court could reasonably have determined that Jordan’s actions in June 2007 were not earnest attempts by her to locate or retrieve R.A. First, Jordan refused the assistance from Legal Aid. Legal Aid offered to draft all documents that would be required for Jordan to petition the court for custody of R.A. Jordan testified that she did not sign the contract for these services because she did not think she should represent herself. Although self-representation is usually unwise, Jordan was offered some limited legal assistance by Legal Aid to assure that the paperwork would be adequate. Jordan opted to do nothing rather than accept some help to regain custody of R.A. Second, shortly after Legal Aid had offered to draft the paperwork for Jordan, she received almost $7,000 in a lump sum disability payment that she decided to use for material things other than pursuing legal action. In light of Jordan’s decision not to pursue legal action when she had the funds to do so, the trial court could reasonably have determined based on its credibility assessment of the evidence that the reason Jordan did not pursue the lawsuit in the summer of 2007 was because she did not desire to obtain custody of R.A. at that time, and not because she was denied complete representation by Legal Aid. d. Ability to Locate Akin Jordan contends she did not knowingly allow R.A. to remain with Akin because she did not know where Akin was after DHS closed its case in January 2007. The record does not support that contention. The medical records show that Jordan knew where Akin was living in January 2007. Jordan gave DHS Akin’s address, where they found him around January 10. On January 14, according to medical records, Jordan said she wrote a letter to Akin asking him to bring R.A. to see her and telling him that she did not like where he was living. These same medical records show that on January 17 Jordan stated that Akin resided “in a home off of 7th and McKinley in Oklahoma City and fears that this home is conducive to illicit drug activity.” The record shows Jordan knew how to find Akin in the first seven months of 2007. Jordan testified at trial that she communicated with Akin in July 2007 when he asked her to mail him R.A.’s social security card, which she says she did. Detective Feskanich’s testimony is consistent with that evidence. He said that when he interviewed Jordan in January 2008, she told him that when she was living at the Hope Center, she knew where Akin and R.A. had been living in Oklahoma City. Jordan told Detective Feskanich that the reason she did not go and make “contact” with Akin and R.A. was because she “had curfew.” The trial court could reasonably have determined that Jordan’s claim that she did not know where Akin was after January 2007 lacked credibility. Through its assessment of the credibility of the evidence, the trial court could reasonably have determined Jordan voluntarily and knowingly allowed R.A. to remain with Akin by deciding not to earnestly attempt to retrieve R.A. from January 10 to September 2007. D. Record Supports Trial Court’s Credibility Determination In light of Jordan’s many inconsistencies in the various versions of the events, the trial court’s finding that Jordan’s trial testimony lacked credibility is supported by the record, and we must defer to that determination. See id. Although the trial court disbelieved Jordan, it found the other witnesses credible. The witnesses were Jerry and Pam Dossey; Cravens, the expert; Davis, the manager of the Rose Home; Detective Feskanich; and Special Agent Phill. From our review of the record, the trial court’s finding that these ■witnesses were credible is within the zone of reasonable disagreement, and therefore we defer to the trial court’s determination. See id. In reviewing each of the grounds for termination of Jordan’s parental rights found by the trial court, we do so under the prism of its findings of credibility of the witnesses. Statutory Grounds for Termination In proceedings to terminate the parent-child relationship brought under section 161.001 of the Texas Family Code, the party wishing to terminate rights must establish two things. First, the party must prove that one or more acts or omissions enumerated in one or more of the subsections of section 161.001(1) occurred. See Tex. Fam.Code Ann. § 161.001(1); In re J.L., 163 S.W.3d 79, 84 (Tex.2005); Liu v. Dep’t of Family and Protective Servs., 273 S.W.3d 785, 790 (Tex.App.-Houston [1st Dist.] 2008, no pet.). Second, the party must prove that termination of the parent-child relationship is in the best interest of the child. See Tex. Fam.Code Ann. § 161.001(2); In re J.L., 163 S.W.3d at 84; Liu, 273 S.W.3d at 790. In termination proceedings, the fact finder must find that both elements are established by clear and convincing evidence. Tex. Dep’t of Human Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex.1987). Termination may not be based solely on the best interest of the child. Id.; Liu, 273 S.W.3d at 790. Grounds for Termination Under Section 161.001(1) Jordan challenges the legal and factual sufficiency of the evidence to support each of the three grounds found by the trial court under section 161.001(1). See Tex. Fam.Code Ann. § 161.001(1). The trial court determined that Jordan violated sections C, D, and E of section 161.001(1). See Tex. Fam.Code § 161.001(1)(C), (D), & (E). We address each section separately. Although termination may be based on the best interest of the child in addition to one ground under section 161.001(1), we conclude the evidence is legally and factually sufficient for each of the three grounds found by the trial court. A. Endangering by Placing or Allowing Conditions (Section D) 1. Applicable Law The trial court may order termination of the parent-child relationship if it finds by clear and convincing evidence that the parent has knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child. Tex. Fam.Code Ann. § 161.001(1)(D) (Vernon Supp.2009). Inappropriate, abusive, or unlawful conduct by persons who live in the child’s home or with whom the child is compelled to associate on a regular basis in the home is a part of the “conditions or surroundings” of the child’s home under section D. In re C.L., No. 2-09-126-CV, 2009 WL 3078588, at *2 (Tex.App.Fort Worth Sept. 24, 2009, no pet.) (mem. op., not designated for publication). When termination of parental rights is based on section D, the endangerment analysis focuses on the evidence of the child’s physical environment, although the environment produced by the conduct of the parents bears on the determination of whether the child’s surroundings threaten his well-being. In re S.M.L., 171 S.W.3d 472, 477 (Tex.App.-Houston [14th Dist.] 2005, no pet.). Section D permits termination if the petitioner proves parental conduct caused a child to be placed or remain in an endangering environment. In re R.D., 955 S.W.2d 364, 367 (Tex.App.-San Antonio 1997, pet. denied). It is not necessary that the parent’s conduct be directed towards the child or that the child actually be injured; rather, a child is endangered when the environment creates a potential for danger which the parent is aware of but disregards. In re S.M.L., 171 S.W.3d at 477. Conduct that demonstrates awareness of an endangering environment is sufficient to show endangerment. Id. (citing In re Tidwell, 35 S.W.3d 115, 119-20 (Tex.App.-Texarkana 2000, no pet.) (“[I]t is not necessary for [the mother] to have had certain knowledge that one of the [sexual molestation] offenses actually occurred; it is sufficient that she was aware of the potential for danger to the children and disregarded that risk by ... leaving the children in that environment.”)). In considering whether to terminate parental rights, the court may look at parental conduct both before and after the birth of the child. Avery v. State, 963 S.W.2d 550, 553 (Tex.App.-Houston [1st Dist.] 1997, no pet.). Section D permits termination based upon only a single act or omission. In re R.D., 955 S.W.2d at 367. 2. Analysis Deferring to the trial court’s credibility determinations, Jordan caused several circumstances that physically and emotionally endangered R.A. by placing him and allowing him to remain in the sole care of Akin. First, she knew that Akin was violent, abusive, had endangered R.A. as a fetus when Akin physically abused her, and was often incarcerated for violent conduct. See In re J.M.M., 80 S.W.3d 232, 241-42 (Tex.App.-Fort Worth 2002, pet. denied) (holding evidence legally and factually sufficient under sections D and E to terminate mother’s parental rights based in part on evidence that mother placed children with physically abusive father). Second, Jordan knew Akin was a convicted sex offender, who usually lived near criminals and drug addicts, and who lived a transient lifestyle. See id. (holding evidence legally and factually sufficient under sections D and E to terminate mother’s parental rights based in part on evidence that mother placed children with father, who lived transient lifestyle with children); Hann v. Tex. Dep’t of Protective & Regulatory Servs., 969 S.W.2d 77, 82-83 (Tex.App.-El Paso 1998, pet. denied) (holding evidence legally and factually sufficient under sections D and E to terminate mother’s parental rights based in part on evidence that mother endangered child’s physical and emotional well-being by leaving child alone overnight with known cocaine abusers). Third, Jordan knew Akin was not interested in having a relationship with R.A., would not provide adequate nutrition for R.A., and had no means to financially support R.A. due to Akin’s perpetual unemployment. See In re T.T., 39 S.W.3d 355, 362 (Tex.App.-Houston [1st Dist.] 2001, no pet.) (holding evidence supported terminating mother’s parental rights under section D based in part on evidence that mother could not adequately protect or provide financially for children). There is sufficient evidence that shows Jordan was aware of the potential for the environment to endanger R.A. See In re S.M.L., 171 S.W.3d at 477. Although section D does not require proof of actual harm, the evidence here shows R.A. was actually harmed by living in the circumstances provided by Akin after Jordan voluntarily relinquished custody of R.A. to Akin. The trial court found that when Jerry took R.A. to live with him, R.A. was found alone in a residence, in deplorable conditions, with no clothing or personal belongings, covered in feces, with his penis fused to his scrotum, covered in scabies, with developmental delays, a Vitamin D deficiency, no ability to crawl or walk, suffering from night terrors, afraid of the bath tub and water, demonstrating sexually explicit behaviors, and unable to speak. Although she may not have known that R.A. would get these particular injuries from the circumstances of placing R.A. with Akin, Jordan knew that these types of injuries or much worse were the probable result of the circumstances of leaving a baby in the custody of Akin. See id. The single act of placing R.A. with Akin under any of these circumstances permits termination under section D. See In re R.D., 955 S.W.2d at 367. Here, however, the evidence shows that Jordan not only placed R.A. in these circumstances, but she voluntarily and knowingly allowed R.A. to remain in the circumstances without making any earnest effort to remove him from them. 3. Conclusion Viewing all the evidence in the light most favorable to the judgment, we hold a fact-finder could reasonably have formed a firm belief or conviction that Jordan knowingly placed and knowingly allowed R.A. to remain in conditions and surroundings that endangered his physical and emotional well-being. See Tex. Fam.Code Ann. § 161.001(1)(D). The evidence is thus legally sufficient to support the trial court’s termination findings under section 161.001(1)(D) of the Family Code. See id.; In re J.T., No. 13-08-00652-CV, 2009 WL 2077184, at *13 (Tex.App.-Corpus Christi July 16, 2009, no pet.) (mem. op., not designated for publication) (holding evidence that mother allowed child to remain in home in which there was violent conduct, as evidenced by father’s physical abuse of mother during her pregnancy, was legally sufficient to support termination) (citing In re H.C., 942 S.W.2d 661, 665 (Tex.App.-San Antonio 1997, no writ)) (holding evidence legally sufficient under sections (D) and (E)). Viewing the evidence as a whole, we hold a rational trier of fact could have reasonably formed a firm belief or conviction that Jordan knowingly placed and knowingly allowed R.A. to remain in conditions and surroundings that endangered his physical and emotional well-being. Thus, the evidence is factually sufficient to support the trial court’s finding on the section 161.001(1)(D) ground. See Tex. Fam.Code Ann. § 161.001(1)(D); In re J.T., 2009 WL 2077184 at *13 (holding evidence that mother allowed child to remain in home in whic