Full opinion text
OPINION Opinion' by Justice Burgess The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteeri-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence! ] (1) that the parent has ... executed.... an ... irrevocable affidavit of relinquishment of parental rights” and “(2) that termination is in the best interest of the child.” Tex' Fam. Code Ann. § 161.001(1)(K), (2) (West 2014). As a result of a mediated settlement, Mother executed an irrevocable affidavit of voluntary relinquishment óf her parental rights (the Affidavit) and agreed that termination of her parental rights was in X.D.’s best interest. The trial court entered judgment in accordance with the mediated- settlement agreement (the MSA). ■ On appeal from the termination of her parental rights, Mother argues that both the MSA and the Affidavit were involuntarily executed because they were procured as a result of fraud. She also contends that the evidence is insufficient to support the trial court’s finding that termination of her parental rights was in KD.’s best interest. We find that the Affidavit was voluntarily executed and was not procured by fraud. We decline to consider whether fraud is a defense to a mediated settlement agreement under Section 153.0071 of the Texas Family Code, but because Mother would have to rely on the same facts we find insufficient to prove that the Affidavit was procured by fraud, we likewise find that the MSA is valid and enforceable between the parties. Finally, we conclude that the evidence is factually insufficient to support the trial court’s finding that termination of Mother’s parental rights was in KD.’s best interest. Accordingly, we affirm that part of the trial court’s judgment finding that Mother’s Affidavit is valid and enforceable against Mother. We reverse that portion of the trial court’s judgment finding that termination of Mother’s parental rights was in K.D.’s best interest and remand the case to the trial court for a new hearing on whether termination is in KD.’s best interest. I.Factual and Procedural Background A. Mother Entered Into a Mediated Settlement Agreement and an Affidavit of Relinquishment The Department filed, its petition on January 13, 2014. On that same day, Mother signed a document in which she voluntarily consented to the temporary removal of K.D. from the home. On September 22, 2014, KD. started living with her aunt in Houston, Texas, and was placed in a larger school with better facilities. From the beginning of KD.’s placement, the Department’s representatives told Mother that KD. was happy in her placement, that her grades were excellent, and that she was participating in counseling with her school counselor. At a permanency hearing on November 5, 2014, the Department’s representatives testified to the same information. They also added information that K.D. was making straight A’s at school and that she was really enjoying her placement. They also testified that KD. did not want to have face-to-face meetings with Mother. On December 30, 2014, Mother and the Department mediated this case before Bonnie Leggat Hagan. None of the prior information and testimony presented to Mother and the trial court about KD.’s status was contradicted at the mediation. Based upon this information, Mother entered into the MSA. In the MSA, Mother agreed to the following terms: 1. Mother ... agrees to execute a voluntary relinquishment of parental rights, a copy of which is attached hereto and incorporated by reference. [Mother] further agrees that the Department of Children’s and Protective Services [sic] shall present the affidavit of relinquishment be [sic] to the judge on the date set for the trial of this case and request an order terminating the parental rights pursuant thereto. 2. Mother agrees, that termination of her parental rights is in the best interest of the child. 3. Attorney for Mother and Mother agree to withdraw the case from the jury setting forthwith. Mother also executed an irrevocable affidavit of voluntary relinquishment of her parental rights to KD. — the Affidavit — in favor of the Department. By signing the Affidavit, Mother made the following agreement: “This Affidavit of Relinquishment of Parental Rights is and shall be final, permanent, and irrevocable. I fully understand that, if I change my mind at any time, I can never force the agency to destroy, revoke or return this affidavit.” In the Affidavit, Mother (1) swore that she had been informed of and understood her parental rights and duties; (2) stated, “I understand that by naming the [Department] as managing conservator in this Affidavit of Relinquishment, I give up all my parental rights and grant them to the Department and/or to the adoptive parents with whom my child may be placed”; (3) agreed that “Termination of the parent-child relationship is in the best interest of the child”; (4) “freely, voluntarily, and permanently [gave] and relinquished] to the Department all [her] parental rights and duties”; and (5) “consented] to the placement of the child for adoption.” The Affidavit was incorporated into the MSA. Upon conclusion of the mediation, Mother texted K.D. that she (Mother) was bn dialysis and that if she died, she did not want K.D. to attend her funeral. B. Mother Claims the Affidavit and the MSA Were Procured by Fraud Two days after the mediation was concluded, K.D. ran away from her placement home and visited Mother. K.D. told Mother she suspeeted she (K.D.) was pregnant. Mother also learned that K.D. was associating with an alleged murder suspect, and she called KD.’s caseworker to report that fact and to request that the caseworker perform a welfare check on K.D. Mother then contacted the school K.D. attended during her placement and learned that contrary to the information provided to her at court and at the mediation, K.D. had never met with the school counselor and was failing Spanish. Mother moved to set aside both the Affidavit and the MSA ten days after they were executed. Understanding that the Affidavit could only be undone on grounds-of fraud, duress, or -coercion, in its execution, Mother alleged that she relied on the following fraudulent representations made •by the Department in signing the Affidavit and relinquishing her rights to her child: that K.D. (1) was doing well in school and at home, (2) was in a safe and stable home, (3) was happy in her placement home, (4) wished to stay in her placement -home, (5) desired infrequent visits by Mother, if any at all, (6) was receiving appropriate counseling, and (7) was living in conditions that were advantageous to her well-being, Because K.D. had run away from her placement home only a few days after- the mediation, Mother argued that the Department’s representations were fraudulent and were made with the purpose of inducing her to relinquish her parental rights. Mother relies on the same representations to support her claim that the MSA was also procured by fraud. The trial court found that since K.D. had not run away until after the mediation, there was no evidence that the Department made any misrepresentations at the November hearing or during the mediation at which K.D. was present. The trial court did not find" that the Department fraudulently induced Mother to enter into either the Affidavit or the MSA. The trial court did find that there was clear and convincing evidence that it was in KD.’s best interest to terminate Mother’s parental rights. II. Issues Presented In her first two points of error, Mother asks, (1) “Was the affidavit of relinquishment of parental rights signed by [her] voluntarily executed?” and (2) ‘Was the [MSA] signed by [her] procured by fraud or deception?” In her third point of error, Mother challenges the legal and factual sufficiency of the evidence supporting the best-interest finding. As a basis for her first two'points of error, Mother asserts that the Affidavit and the MSA are defective because they were executed as a result of fraud or deception. Essentially, we are called to decide two issues: (1) whether The Affidavit and the MSA are binding and enforceable against Mother and (2) whether Section 153.0071(e) foreclosed the trial court’s review of whether termination of Mother’s parental rights was in KD.’s best interest? III. Whether the Affidavit and the MSA Are Binding and Enforceable Against Mother A. Standard of Review Section 161.211(c) states, “A direct or collateral attack on an order terminating parental rights based on an unrevoked affidavit of relinquishment of - parental rights or affidavit of waiver of interest in a child is limited to issues related to fraud _” Tex. Fam. Code Ann. § 161.211(c) (West. 2014). Once the Department demonstrated by clear and convincing evidence that Mother executed the Affidavit pursuant' to Section 161.103, the burden shifted to Mother to establish by a preponderance of the evidence that the Affidavit was executed as a result of fraud. See In re R.B., 225 S.W.3d 798, 804 (Tex.App.-Fort Worth 2007, pet. denied). Here, the “affidavit of voluntary relinquishment was signed, notarized, witnessed, and executed in compliance with section 161.103 of the Family Code [and, therefore,] is prima facie evidence of its validity.” A.H., 2014 WL 7183973, at *4 (citing D.R.L.M., 84 S.W.3d at 296, superseded by statute, Tex. Fam. Code Ann. § 263.405 (West 2014)). Thus, the burden shifted to Mother to prove by a preponderance of the evidence that the Affidavit was procured by fraud. When a party with the burden of proving an issue attacks the legal sufficiency of the evidence supporting an adverse ruling on that issue, that party must show that the issue was established as a matter of law. Duran v. Garcia, 224 S.W.3d 309, 312 (Tex.App.-El Paso 2005, no pet.). “Stated differently, when attacking the legal sufficiency of the evidence to support an adverse finding on an issue for which it had the burden of proof, an appellant must demonstrate that the evidence conclusively established all vital facts in support of the issue.” Id. (citing Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex.1989)). This evaluation involves two parts. The court must first examine the record for evidence supporting the adverse finding while ignoring all contrary evidence; if no evidence supports the adverse finding, then the court must review the record to determine if the contrary finding was established as a matter of law. Id. (citing Sterner, 767 S.W.2d at 690). While performing this review, the appellate court must indulge in every reasonable inference supporting the judgment, giving credit to favorable evidence if a reasonable fact-finder could do so and disregarding evidence to the contrary unless a reasonable fact-finder could not do so. In re T.K.D-H„ 439 S.W.3d 473, 481-82 (Tex.App.-San Antonio 2014, no pet.) (citing City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex.2005)). When a party with the burden of proof challenges the factual sufficiency of an adverse finding on that issue, that party must establish that the adverse finding is against the great weight and preponderance of the evidence. Id. at 482 (citing Dow Chem. Co. v. Francis, 46 S.W.3d 237, 242 (Tex.2001) (per curiam)). In performing this review, the appellate court “must consider and weigh all of the evidence,” and the finding can be set aside “only if the evidence is so weak ... that it is clearly wrong and unjust.” Id. (citing Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex.1986)). B. Mother Failed to Prove that the Affidavit Was Procured by Fraud 1. Elements of Proof of Fraud The elements of fraud are well established. A party attempting to prove fraud must establish that" “(1) ... a material representation was made; (2) the representation was false; (3) when the representation was made, the speaker knew it was false or made it recklessly without any knowledge of the truth and as a positive assertion; (4) the speaker made, the .representation with ..the intent that the other party should . act upon it; (5) the party acted in reliance on the representation; and (6) the party thereby suffered injury.” Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am., 341 S.W.3d 323, 337 (Tex.2011)(quoting; Aquaplex, Inc. v. Rancho La Valencia, Inc., 297 S.W.3d 768, 774 (Tex.2009) (per curiam)).. An individual commits fraud recklessly when he does not possess sufficient information upon which to base a representation or does not know whether a statement he makes is true, but he makes the statement anyway. Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 527 (Tex.1998). In determining whether fraud existed in the execution ..of an affidavit of relinquishment, courts look to the circumstances surrounding its execution. Vela v. Marywood, 17 S.W.3d 750, 762 (Tex.App.-Austin 2000, pet. denied); see also In re D.E.H., 301 S.W.3d 825, 828 (Tex.App.-Fort Worth 2009, pet. denied) (en banc). 2P Evidence Relating to Mother’s Claim of Fraud Mother’s claim that she was misled by the Department is based, in part, on statements made during a November 5, 2014, permanency hearing concerning how K.D. had progressed since being placed with her aunt. At this hearing, the Department’s caseworker, Whitney Williams, made several statements that formed the basis of Mother’s allegations of fraud. Williams stated that K.D. was “doing very-well in her current kinship placement with her aunt” and liked living there. Williams also informed the trial court that K.D. was making good grades, had a job as an office assistant, and had recently acquired a cell phone. Melissa Sampson, KD.’s attorney ad litem, stated that she received the same positive reports from the aunt and that KD. was “loving the placement there,” was “making good progress,” and was excited about exploring extracurricular activities offered by her new school. KD.’s aunt also testified at the hearing. She confirmed Williams’ and Sampson’s testimony by stating things were “going fantastic,” that KD. had given her no problems, that KD. was receiving medical care, and that KD. was doing very well in school. The aunt informed the trial court that KD. was not interested in meeting with Mother and that KD. had recently chosen not to call Mother. At a separate hearing on her motion to set aside the Affidavit and the MSA, Mother offered her own testimony in support of her allegation of fraud. Mother testified that the Department repeatedly represented during the November hearing and the December mediation that KD. was happy in her placement with her aunt, had excellent grades, was in “intense therapy” with her school counselor, was otherwise doing well, and did not want to see or regularly communicate with Mother. Mother also testified that she signed the Affidavit and the MSA only because she relied on these statements. Mother claimed that the Department’s statements were false and misleading. Mother testified that on January 1, 2015, a few days after the mediation, KD. ran away from her aunt’s home, came to see Mother, and informed her that she might be pregnant. Mother contended that this occurrence established that KD. did not want to live with her aunt and that her aunt was not an appropriate placement for K.D. She also testified that as a result of a conversation with KD.’s school counsel- or, Mother learned that KD. had never received school counseling and was failing her Spanish class. Mother told the trial court that the falsity of the Department’s statements was not known to her until she spoke with KD. after she had run away. Williams admitted that KD. had run away from her aunt’s home and that she was approximately eight weeks pregnant. Williams had no personal knowledge of what KD. had been doing since she ran away from her aunt’s home. According to Williams, Mother said that KD. had “popped in and out of her home” since she ran away. Williams had never spoken with the school counselor and did not know how often KD. met with her. Further, Williams had not received KD.’s medical records and estimated that KD. last saw a doctor “[mjaybe in November.” However, Williams also testified that the Department made no knowing misrepresentations to Mother. According to Williams, before the November hearing, KD. said that she was not yet ready to be placed at home with her Mother and that she liked living with her aunt, even though she loved her Mother and was worried about her. Williams further testified that prior to the November hearing, she spoke with Marcus Anderson, KD.’s social worker at her school, who reported that KD. was seeing a school counselor. Williams testified that to her knowledge, things were still going well on the day of the mediation. She told the trial court that she spent approximately five hours with K.D. during the mediation and that she observed nothing that led her to believe that the child wished for a different placement. On one hand, Mother stated that K.D. was at the mediation and that no one indicated K.D. was unhappy or unwell or that any of the Department’s previous statements might not be true. On the other hand, Mother claimed that she had discovered, before the November 5 hearing, that K.D. was unhappy, but had no proof of her unhappiness. The record demonstrated that Mother expressed her disbelief of the Department’s statements during the November 5 hearing. Mother also believed, from a recent conversation with K.D., that she was currently happy and was supporting herself with “money of her own.” Mother admitted that soon after the mediation was over, she texted K.D. and said that if she were to die, K.D. was not allowed to come to her funeral. Mother knew that K.D. had previously run away from home after engaging in conflicts with Mother. 3. Analysis We find that there is legally sufficient evidence to support the trial court’s finding that the Department did not fraudulently induce Mother to enter into the Affidavit. We also find that the trial court’s finding is not contrary to the great weight and preponderance of the evidence. Although the events subsequent to Mother’s execution of the Affidavit raise questions about the accuracy of the information provided to the trial court at the November 5, -2014, hearing, Williams based her testimony on information specifically provided to her by K.D. and KD.’s aunt during a home visit some five days prior to the hearing as well as information provided to her by KD’s social worker at her school, Anderson. Likewise, the statements Sampson made to Mother at that hearing were all based on information specifically provided to her by K.D. and her aunt. There is no evidence that K.D. and her aunt did not make those statements to Williams or Sampson. Thus, there is no evidence that Williams or Sampson knew the statements were false or that they knowingly misrepresented any information to Mother at the hearing. Nor is there evidence of any reckless misrepresentation. Neither Williams nor Sampson made representations concerning matters about which they had no knowledge; rather, their representations were based on the information they obtained directly from KD. and her aunt. Finally, there is no evidence that KD.’s aunt knowingly or recklessly misrepresented any information to Mother. Here, before the execution of the Affidavit, nothing suggested that the statements made by the Department'were false. The fact that K.D. ran away a few days after the mediation fails to establish that she was unhappy in her placement with her aunt or that she was otherwise unwell before or during the mediation. Moreover, even if K.D: was unhappy before or during the mediation, there is no proof that the Department knew about KD.’s discontentment. Williams’, testimony supported her belief that until the day K.D. ran away, K.D. was doing well in school, was being counseled, and was, receiving medical care. .It is entirely possible that K.D..ran away upon discovering that she was pregnant or after becoming emotionally upset by Mother’s .text message. As the trial court noted, The fact of the matter is we have no evidence before the Gourt that [K.D.] did not make some of these representations to Ms. Williams and Ms. Sampson. It could be that after the mediation she simply changed her mind. It could be that she became very upset with her mother’s text to her on the date of the mediation, and that caused her to run away. It could be that she was trying to fool everybody with the Department, including Ms. Sampson. It could be a whole wealth of things that occurred, but there’s not any evidence in this Court’s opinion that there was any fraud on the part of Ms. Williams, Ms.'Sampson, [KD.’s aunt,] or anyone else. It may very well be that [Mother] relied on the information that was provided November the 5th when she made her decision to sign the affidavit and the mediated settlement agreement. But . there’s no' evidence that those representations weren’t accurate at the time they were made. The fact that the child ran away from the placement two days after the mediation doesn’t make those statements false. It doesn’t make them incorrect. I have no idea what’s going on in the mind of that young lady as to why she ran away. Simply put, there was no evidence the Department (1) knew that any statements made during the November hearing or the December mediation were false or (2) recklessly made any statement without knowledge of its veracity. Mother also argues that the Affidavit was obtained via constructive fraud and that, therefore, she did not need to prove that any false statements were made with the requisite mental states. Constructive fraud “ ‘encompasses those breaches that the law condemns as ‘fraudulent’ merely because they tend to deceive others, violate confidences, or cause injury to public interests, the actor’s mental state • being immaterial.’ ” In re Estate of Kuykendall, 206 S.W.3d 766, 770 (Tex.App.-Texarkana 2006, no pet.) (quoting Chien v, Chen, 759 S.W.2d 484, 495 (Tex.App.-Austin 1988,. no writ)). Nevertheless, constructive fraud requires proof of a fiduciary or confidential relationship between the parties. Id. at 771. Neither the Department, nor its agents, nor the child’s ad litem occupy a confidential or fiduciary relationship with a parent in a parental-rights termination case. .While the Department may provide services to parents as part of a family service plan, the Department acts to secure the best interests of the child rather than the parent. See generally Tex. Fam. Code Ann. § 262.001(B) (West 2014) (“In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child’s home or to make it possible to return a child to the child’s home, the child’s health and safety is the paramount concern.”). Moreover, as we noted in Kuyken-dall, “the mere fact that one subjectively trusts another does not, alone, indicate that confidence is placed in another in the sense of a fiduciary duty. Some such relationship prior to and apart from the transaction at issue between the parties is required.” Kuykendall, 206 S.W.3d at 771. Mother presented no evidence that any. prior relationship apart from the present case existed between herself and the Department, Williams, Sampson, or any other person or entity involved in procuring the Affidavit. Therefore, Mother’s constructive fraud claim fails as well. Consequently, we find that the Affidavit was not procured by fraud and' overrule Mother’s first point of error. C. We Need Not Decide Whether Fraud is a Defense to the MSA Under Section 153.0071 As noted above, fraud is a defense to an affidavit of relinquishment. By contrast, whether fraud is a defense to a mediated settlement agreement is unresolved. Section 153.0071’s language is identical to the language in Section 6.602 of the Texas Family Code which refers to mediation procéedings involving dissolution of marriage. Compare Tex. Fam. Code Ann. § 153.0071(e) (West 2014), with Tex. Fam. Code Ann. § 6.602(c) (West 2006). Under both sections, so long as a mediated settlement agreement meets statutory requirements, “a party is entitled to judgment on the mediated settlement ‘ agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.” Tex Fam. Code Ann. § 6.602(c), § 153.0071(e). “The unilateral withdrawal of consent does not negate the enforceability of a mediated settlement agreement in a suit affecting the parent-child relationship.” In re 247 S.W.3d 809, 812 (Tex.App.-Dallas 2008, pet. denied) (citing In re Circone, 122 S.W.3d 403, 406-07 (Tex.App.-Texarkana 2003, no pet.)). With respect to eases involving Section 6.602, Texas appellate courts, including this one, have concluded “that the statute does not require the enforcement of [a mediated settlement agreement] that is illegal in nature or procured by fraud, duress, coercion, or other dishonest means.” Milner v. Milner, 361 S.W.3d 615, 619 (Tex.2012) (citing Morse v. Morse, 349 S.W.3d 55, 56 (Tex.App.-El Paso 2010, no pet.); Spiegel v. KLRU Endowment Fund, 228 S.W.3d 237, 242 (Tex.App.-Austin 2007, pet. denied); In re Marriage of Joyner, 196 S.W.3d 883, 890 (Tex.App.-Texarkana 2006, pet. denied); Boyd v. Boyd, 67 S.W.3d 398, 403-05 (Tex.App.-Fort Worth 2002, no pet.); In re Kasschau, 11 S.W.3d 305, 312 (Tex.App.-Houston [14th Dist.] 1999, orig. proceeding)); see In re Calderon, 96 S.W.3d 711, 718 (Tex.App.-Tyler 2003, orig. proceeding). Inasmuch as the language in Section 153.0071 is identical to the language in Section 6.602, it would appear that fraud is a defense to a mediated settlement agreement under both statutes. Yet, the Supreme Court has specifically declined tó resolve the issue under either statute. See In re Lee, 411 S.W.3d 445, 455 n.10 (Tex.2013) (orig. proceeding) (stating “whether section 153.0071 mandates entry of judgment on a statutorily compliant • [mediated settlement agreement] under any and all circumstances, even where, for example, the agreement ‘ “was illegal or ... was procured by fraud, duress, coercion, or other dishonest means” ’ ” neither presented nor decided); see also Milner, 361 S.W.3d at 619 (stating that appeal of mediated settlement agreement entered under Section 6.602 of Texas Family Code (identical to Section 153.0071) “does not. involve allegations of fraud or dishonesty, and so we leave-the applicability of those defenses for another pase”). Nevertheless, the Department sought termination in this case on the basis of the Affidavit. It matters not whether the Affidavit resulted from a court-ordered mediation and statutorily compliant mediated settlement agreement or whether it resulted from an informal conference of the parties and attorneys in the hallway of the courthouse. The primary issue is whether the Affidavit itself was procured by fraud. Because we find that the Affidavit was not a product of fraud, it does not matter whether the MSA was procured by fraud; the MSA merely requires her to execute a valid affidavit of relinquishment. Moreover, to prove fraud induced the MSA, Mother would have to rely on the same facts which we have found insufficient to show that the Affidavit was induced by fraud. Therefore, we need not decide today whether fraud is a defense to a mediated settlement agreement. Accordingly, we hold that both the Affidavit and the MSA are valid and enforceable as between the parties. IV. Is There Legally and Factually Sufficient Evidence to Support the Trial Court’s Finding that Termination of Mother’s Parental Rights Was in KJD.’s Best Interest? A. Does the Existence of the Affidavit by Itself Establish Sufficient Evidence that Termination Was in K.D.’s Best Interest? Initially, we note that there is caselaw holding that proof of an affidavit of relinquishment is sufficient evidence by itself to establish that termination of parental rights is in the child’s best interest. See In re Z.F., No. 07-14-00448-CV, 2015 WL 1814774, at *2 (Tex.App.-Amarillo Apr. 21, 2015, no pet.) (mem. op.); In re C.E., No. 02-14-00054-CV, 2014 WL 3866159, at *4 (Tex.App.-Fort Worth Aug. 7, 2014, no pet.) (per curiam) (mem. op.); S.H. v. Tex. Dep’t of Family & Protective Servs., No. 03-13-00151-CV, 2013 WL 3013874, at *3 (Tex.App.-Austin June 12, 2013, no pet.) (mem. op.); In re A.G.C., 279 S.W.3d 441, 452-53 (Tex.App.-Houston [14th Dist.] 2009, no pet.); Bunton v. Tex. Dep’t of Fam. & Protective Servs., No. 03-06-00329-CV, 2007 WL 1451757, at *4 (Tex.App.-Austin May 16, 2007, no pet.) (mem. op.); Lumbis v. Tex. Dep’t of Protective & Regulatory Servs., 65 S.W.3d 844, 851 n.l (Tex.App.-Austin 2002, pet. denied). Texas courts have also held that a trial court does not err in failing to separately consider the Holley factors when presented with an affidavit of relinquishment. A.G.C., 279 S.W.3d at 452 (citing Ivy v. Edna Gladney Home, 783 S.W.2d 829, 833 (Tex.App.-Fort Worth 1990, no writ)). Each of these cases rely on the Supreme Court’s rulings in Brown, 627 S.W.2d at 394, and Stubbs v. Stubbs, 685 S.W.2d 643, 645-46 (Tex.1985), for that holding. In Brown, the Supreme Court stated, “[W]e find it was the intent of the Legislature to make such an affidavit of relinquishment [of parental rights] sufficient evidence on which the trial court can make a finding that termination is in the best interest of the children.” Brown, 627 S.W.2d at 394. The Supreme Court reiterated this in Stubbs, holding, We found that by enacting section 15.03(d) [now Section 161.103(c)], the legislature intended to make such irrevocable affidavits of relinquishment sufficient evidence on which the trial court could find termination to be in the children’s best interests. No statement of facts was necessary unless it could be demonstrated that the irrevocable affidavit was obtained by fraud, misrepresentation or overreaching. Stubbs, 685 S.W.2d at 645-46⅛ Yet, neither Brown nor Stubbs addressed a sufficiency of the evidence issue on direct appeal of ' a parental-rights termination. Rather, in both cases, 'the appellants sought writ of error review in the court of appeals after the trial court’s judgment had become final and the time for appeal had expired.- • And in both cases, the appellants argued that under Section 11.14(d) of the Texas Family Code (now Section 105.003(c)), the trial court’s failure to produce a reporter’s record of the original proceedings entitled them to. relief on writ of error. See id. at 645 (“Ruth Stubbs contends that Texas Family Code section 11.14(d) required the court to make-a-record of the trial proceedings and that in this case the absence from the record of a statement of facts constitutes error on the face of the record.”); Brown, 627 S.W.2d at 394 (“A record is required by Section 11.14(d) .... Brown claims that without a statement of facts the record is incomplete and therefore she was deprived of her right of appeal.”). In Brown, the Supreme Court concluded that the absence of a record did not entitle the appellant to relief because she had executed an affidavit of relinquishment of her parental rights, and in that affidavit, she waived a record of the proceedings; thus, the Supreme Court held, “[t]he affidavit and the agency’s petition [were] the record which supported] the trial court’s judgment.” Id. Moreover, Stubbs did not involve an affidavit of relinquishment of parental rights at all. Rather, Stubbs involved an agreement incident to divorce, “providing] for the division of marital property and for the conservatorship and support of the Stubbs’ minor child.” Stubbs, 685 S.W.2d at 644. The Supreme Court only mentioned Brown because “Dr. Stubbs cite[d] Brown ... as authority for his argument that the waiver of citation and the agreement incident to divorce .signed by Ruth Stubbs satisfied] the requirement of a complete record under section [105.003(c) ].” Id. at 645. The Supreme Court distinguished Stubbs from Brown for ‘that reason. Thus, neither Brown nor Stubbs holds that an affidavit of relinquishment establishes sufficient evidence by itself to withstand a legal and factual sufficiency review on direct appeal of a parental-rights termination case. Rather, Brown and Stubbs merely hold that an affidavit of relinquishment establishes sufficient evidence to satisfy Section 105.003(c)’s requirement that a record be produced in all cases under Title 5 of the Family Code.such that the courts are not required to grant an application for writ of error due to the absence of a reporter’s record. Furthermore, to the extent Brown could possibly be read as holding that an affidavit of relinquishment alone is enough evidence to'withstand a legal or factual sufficiency challenge on direct appeal of a termination of parental rights, it should be noted that Brown was issued January 27, 1982, and rehearing was denied March 3, 1982. This is significant because on March 24, 1982, tliree weeks after rehearing was denied in Brown, the United States Supreme Court issued its opinion in Santosky ¾. Kramer, holding that under. “the Due Process Clause of the Fourteenth Amendment^] ... [bjefore a State may sever completely and irrevocably the rights of parents in their natural child, due process requires that the State support'its allegations by at least clear and convincing evidence.” Santosky v. Kramer, 455 U.S. 745, 747-48, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). To hold that an affidavit of relinquishment alone satisfies that heightened burden of proof in parental-rights termination cases stretches Brown too far. Accordingly, we agree with the San Antonio Court of Appeals that while the execution of an affidavit of relinquishment is relevant to the best interest inquiry[,] ... such a relinquishment is not ipso facto evidence that termination is in the child’s best interest. To hold otherwise • would subsume the requirement of proving best interest by clear and convincing evidence into the requirement of proving an act or omission listed in section 161.001 by clear and convincing evidence _ [E]ven if a parent has voluntarily and irrevocably relinquished his or her parental rights under subsection (1), the State must still establish by clear and - convincing evidence that termination of parental rights is in the child’s best interest under subsection (2). In re A.H., 414 S.W.3d 802, 806 (Tex.App.San Antonio 2013, no pet.)- (citing In re C.H., 89 S.W.3d 17, 28 (Tex.2002); Wiley v. Spratlan, 543 S.W.2d 349, 351 (Tex.1976)). We likewise agree with the Austin Court of Appeals that a trial court does not err in considering the best interests of a child in the face of an affidavit of voluntary relinquishment because “[t]here is no provision stating that the filing of an affidavit of voluntary relinquishment ends the trial court’s inquiry as to other bases for termination or regarding the best interest of the child.” Vallejo v. Tex. Dep’t of Family & Protective Sews., 280 S.W.3d 917, 918 (Tex.App.-Austin 2009, no pet.). Consequently, proving the validity of the affidavit of relinquishment is merely one step towards termination of a party’s parental rights. In a parental-rights termination case, the Department is also required to prove by clear and convincing evidence that termination is in the child’s best interest. Tex. Fam. Code Ann. § 161.001(2). In deciding whether termination is in the child’s best interest under Section 161.001(2), courts may apply the non-exhaustive Holley factors to shape their analysis. These include, but are not limited to, (1) the desires of the child, (2) the emotional and physical needs of the child now and in the future, (3) the emotional and physical danger to the child now and in the future, (4) the parental abilities of the individuals seeking custody, (5) the programs available to assist these individuals to promote the best interest of the child, (6) the plans for the child by these individuals or by the agency seeking custody, (7) the stability of the home or proposed placement, (8) the acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one, and (9) any excuse for the acts or omissions of the parent. Additionally, evidence that proves one or more statutory grounds for termination may also constitute evidence illustrating that termination is in the child’s best interest. A.H., 414 S.W.3d at 806 (citing Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex.1976)). In applying these factors, we must be ever mindful that “there is a strong presumption that keeping the child with a parent is in the child’s best interest.” Id. (citing In re R.R., 209 S.W.3d 1.12,. 116 (Tex.2006) (per curiam)). B. Does Section 153.0071(e) Foreclose a Best-Interest Review Under Section 161.001(2)? 1. Introduction The Supreme Court has recently held that Section 153.0071(e) prohibits a trial court from denying “a motion to enter judgment on [a mediated settlement agreement] based on a best interest determination.” Lee, 411 S.W.3d at 447. The trial court in Lee rejected the parties’ mediated settlement agreement under the general statutory best-interest standard of Section 153.002 of the Texas Family Code, and the Supreme Court reversed, holding that the specific provisions of Section 153.0071(e) of the Texas Family Code prevailed over the broad best-interest standard in Section 153.002. Id. at 457-58. Specifically, the Supreme Court held that “a trial court may not deny a motion to enter judgment on a properly executed [mediated settlement agreement] on [best interest] grounds.” Id. at 447. Nevertheless, the Supreme Court did not address whether Section 153.0071(e) prevails over the specific best-interest standard in parental-rights termination cases brought by the Department, see Tex. Fam. Code Ann. § 161.001(2), or whether the parties’ agreement in a valid mediated settlement agreement that termination is in the child’s best interest is binding on the trial court as well. However, Sections 153.002 and 161.001(2) both require the trial court to determine the best interest of the child, and Lee holds that a mediated settlement agreement obtained under Section 153.0071(e) forecloses the trial court’s best-interest review under Section 153.002. Thus, -we must decide whether Section’ 153.0071(e) also applies to the specific best-interest standard in Section 161.001(2). • In other words, in this case, we must determine whether the trial court was bound by the parties’ agreement that termination was “in ■ the best interest of K.D. For the following reasons, we find that the trial court was not so bound. 2. Distinctions Between the Best-Interest Standards of Sections 153.002 and 161.001(2) To begin with, -the best-interest issue in Section 153.002 is different from the best-interest issue in Section 161.001(2). Section 153.002 states that “[t]he best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Tex. Pam. Code Ann. § 153.002 (West. 2014). By contrast, Section 161.001(2) states that “[t]he court may order termination of the parent-child relationship if the court finds by clear and convincing evidence: ... (2) that termination is in the best interest of the child.” Thus, while best interest is an element of the moving parties’ proof regardless of whether the suit is brought under Chapter 153 or Chapter 161, different standards of review are applied to a trial court’s best-interest finding under each chapter. Compare In re J.F.C., 96 S.W.3d 256, 261, 263 (Tex.2002) (“[T]here are two prerequisites for termination of parental rights under section 161.001 — The second prerequisite ... is that termination must be in the child’s best interests[,] ... [and] [d]ue process requires the application of the clear and convincing evidence standard of proof_”) with In re P.M.G., 405 S.W.3d 406, 410 (Tex.App.-Texarkana 2013, no pet.) (“[Tjrial court’s decision to modify conservatorship [should be reviewed] under an abuse of discretion standard,” and “[u]nder this standard, legal and factual sufficiency are not independent grounds for asserting error, but are relevant factors in determining whether a trial court abused its discretion”). Moreover, Section 153.002 only applies to cases involving ongoing conservatorship and possession rights, neither of which are implicated in a parental-rights termination case. As the Supreme Court held in Wiley v. Spratlan, Involuntary termination of parental rights rests upon [Section 161.001 of the Texas Family Code].... Suits for conservatorship, possession, and support are governed by Chapter [153] of the Family Code[,] and those matters are determined by the “best interest” test. Section [153.002]. Those proceedings are different and have different purposes from termination cases. Decrees under Chapter [153] may be modified or changed from time to time, but the parent still retains some rights in and control over a child. A termination decree, on the other hand, is complete, final, irrevocable. It divests for all time the parent and child of all legal rights, privileges, duties, and powers with respect to each other except for the child’s right to inherit.... The difference in the proceedings justifies the caution with which courts have characteristically considered termination cases. Wiley v. Spratlan, 543 S.W.2d 349, 351-52 (Tex.1976). 3. The Constitutional Bases for Section 161.001(2)’ s Best-Interest Requirement In addition, the Department’s burden of proving best interest in a parental-rights termination case is not only statutorily required, but constitutionally required as well. As the Supreme Court noted in Holiek, The natural right existing between parents and their children is of constitutional dimensions. In re G.M., 596 S.W.2d 846, 846 (Tex.1980); Wiley v. Spratlan, 543 S.W.2d 349, 352 (Tex.1976). Indeed, “involuntary termination of parental rights involves fundamental constitutional rights.” In re G.M., 596 S.W.2d at 846. This natural parental right has been characterized as “essential,” “a basic civil right of man,” and “far more precious than property rights.” See Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551 (1972). 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. Wiley, 543 S.W.2d at 352; Tex. Fam. Code Ann. § 15.07 (Vernon 1975). Moreover, the evidence in support of termination must be clear and convincing before a court may involuntarily terminate a parent’s rights. Santosky v. Kramer, 455 U.S. 745, 747, 102 S.Ct. 1388, 1391, 71 L.Ed.2d 599 (1982); Richardson v. Green, 677 S.W.2d 497, 500 (Tex.1984). Consequently, termination proceedings should be strictly scrutinized, and involuntary termination statutes are strictly construed in favor of the parent. See Cawley v. Albums, 518 S.W.2d 790, 792 (Tex. 1975); Heard v. Bauman, 443 S.W.2d 715, 719 (Tex.1969). Holick v. Smith, 685 S.W.2d 18, 20-21 (Tex.1985). Likewise, parental-rights termination impacts not only the fundamental liberty interests of the parent, but also the fundamental liberty interests of the child on whose behalf the State’s action is initiated. Cases like this do not-present a bipolar struggle -between the parents and the State over who has final authority to determine what is in a child’s best interests. There is at a minimum a third individual, whose interests are implicated in every case to which the statute applies — the child. Troxel v. Granville, 530 U.S. 57, 86, 89-90, 120 S.Ct. 2054,147 L.Ed.2d 49 (2000) (Stevens, J., dissenting); see also In re M.S., 115 S.W.3d 534, 547 (Tex.2003) (“Consideration of the private interest factor cannot be limited to only the parent’s interest. The child bears a substantial interest in the proceedings as well.” (footnotes omitted)). Chapter 262 of the Family Code, which governs parental-rights'termination cases brought by the Department, was enacted to provide the requisite due process in parental-rights termination cases. In re B.L.D., 113 S.W.3d 340, 353 (Tex.2003) (“The Legislature has enacted a comprehensive statutory scheme to ensure that termination trials result in a correct decision.”). Section 161.001 provides the additional due process safeguard'of requiring proof by clear and convincing evidence as required by Santosky. As the Texas Supreme Court has noted, although “due process considerations [do] not require us to set aside our procedural rules” and even though “[t]he State has an interest in the economical and efficient resolution of parental-rights termination cases[,] ... [t]he State’s interests in' economy and efficiency pale in comparison, to the private interests at stake, 'and to the risk that a parent may be erroneously deprived of his or her parental rights and the child may be erroneously deprived of the parent’s companionship. ...” M.S., 115 S.W.3d at 546, 548. Chapter 262 provides protection against such erroneous deprivations through multiple layers of judicial oversight, and Section 161.001(2)’s best-interest review is a key part of that judicial oversight. See T.W. v. Tex. Dep’t of Family & Protective Servs., 431 S.W.3d 645, 651 (Tex.App.-El Paso 2014, no pet.) (“While it is presumed that it is in the child’s best interest to preserve the parent-child relationship, the requirement to show that termination is in the child’s best interest in addition to the clear and convincing standard of proof subsumes reunification issues and guarantees the constitutionality of termination proceedings.”). Although the statutory language in Section 153.0071(e) may indicate legislative intent to foreclose the trial court’s broad exercise of discretion under Section 153.002’s best-interest review to deny entry of a judgment consistent with a mediated settlement agreement, nothing indicates that the Legislature also intended to eliminate the Department’s burden of proving, by clear and convincing evidence, that termination is in the child’s best interest under Section 161.001(2) or the trial court’s power to deny termination in the absence of such proof.- 4. Balancing Section 153.0071(e) Against Constitutional Procedures in Parental-Rights Termination Cases Of course, we do not hold that a settlement agreement obtained through mediation under Section 153,0071 accomplishes nothing in a parental-rights termination case brought by' the Department. In this case,-'for example, the mediation resulted in the execution of a valid and enforceable affidavit of relinquishment and mediated settlement agreement. Consequently, the Affidavit eliminated the Department’s burden of proving the first prong of Section 161.001, and Mother cannot now back out of the Agreement, wherein Mother agreed that termination of her parental rights was in KD.’s best interest, because it is enforceable against her. Thus, the Affidavit establishes the first prong of Section 161.001(1), and Mother has agreed that termination of her parental rights is in KD.’s best interest as required by the second prong of Section 161.001(2). The question here is whether Mother’s Agreement binds the trial court as well? In other words, must the Department still prove by clear and convincing evidence that termination of Mother’s parental rights is in K.D.’s best interest even though Mother agreed that it was, or do the Affidavit and the MSA eliminate that element of proof as well. After comparing the mediation process in a parental-lights termination case brought by the Department against the mediation process involving private parties and then evaluating the results of that comparison in light of constitutional due process considerations, it is clear that due process requires the State to still prove by clear and convincing evidence that termination is in the child’s best interest. Stated differently, a mediated settlement agreement and an affidavit of relinquishment in a parental-rights termination case may be binding between the parties, but it does not eliminate the Department’s burden of proving by clear and convincing evidence under Section 161.001(2) that termination is in the child’s best interest or the trial court’s power to deny termination in the absence of such proof. In a typical contested child-custody case, such as in Lee, the goal of the litigation is to allocate conservatorship, possession, control, and access to the child between the biological parents. Mediation in such cases allows the parties to negotiate an agreement on future shared access to the child so that both parents can maintain a meaningful relationship with the child, after the divorce becomes final without the conflict attendant to contested hearings. In such cases, the policy interests in reducing the child’s exposure to conflict are advanced by structuring a future relationship between the child and both parents without the necessity of a contested hearing. Mediation in that instance simultaneously reduces conflict and secures the future parent-child relationship. . By contrast, in a parental-rights ■ termination case, the goal of litigation is to protect the safety, health, and welfare of the child, and to accomplish that goal, the Department seeks, to completely sever the parent-child relationship forever. When the parties to a parental-rights termination case agree to submit the case to mediation under Section 153.0071 (or are ordered to attend), the parties exit the statutory framework designed to “ensure that termination trials result in a correct decision[,]” B.L.D., 113 S.W.3d at 353, and enter into an informal setting with a mediator: The proceedings aré generally confidential, and with limited exceptions, neither the mediator nor the parties can be forced to testify to communications made during the mediation, See Tex. Civ. PRAC. & Rem.Code Ann. § 154.073 (West. 2011). If Section 153.0071(e) forecloses the trial court’s best-interest review under Section 161.001(2), then instead of a judicial proceeding where the State bears the burden of proving best interest by clear and convincing evidence in a public tribunal, the parent and child would be left with an informal mediation procedure which is held in private, the contents of which are privileged from disclosure and not reviewable by any court. Also, in a mediation involving private parties, the State’s involvement is limited to the’ trial court’s management of the litigation as an impartial tribunal. Thus, when the parties produce their mediated settlement agreement to the trial court, nothing remains for the trial court to do but enter judgment accordingly. But in a parental-rights termination case brought by the Department, the State is not acting only as an impartial tribunal, but also as the moving party in the litigation itself. As noted by the United States Supreme Court in Santosky, the State has a significant advantage over the parent in parental-rights termination cases: The State’s ability to assemble its case almost inevitably dwarfs the parents’ ability to mount , a defense. No predetermined limits restrict the sums an agency may spend in prosecuting a given termination proceeding. The State’s attorney usually will be expert on the issues contested and the procedures employed at the factfinding hearing, and enjoys full access to all public records concerning the family. The State may call on experts in family relations, psychology, and medicine to bolster its case. Furthermore, the primary witnesses at the hearing will be the agency’s own professional caseworkers whom the State has empowered both to investigate the family situation and to testify against the parents. Indeed, because the child is already in agency custody, the State even has the power to shape the historical events that form the basis for termination. Santosky, 455 U.S. at 763, 102 S.Ct. 1388. To hold that a mediated settlement agreement conclusively resolves the best-interest issue so that the Department no longer has to prove that element by clear and convincing evidence and that the trial court,cannot deny termination in the absence of such proof would essentially eliminate the judicial oversight necessary to protect the fundamental liberty interests of both the parent and child from potential governmental overreach. The Department could, notwithstanding the disproportionate positions of the parties, seek an order compelling a party to mediation, and then, in a proceeding which is confidential and shielded from discovery, obtain the parent’s agreement that termination is in the child’s best interest, thereby foreclosing the trial court’s ability to make an independent determination of that issue. Yet, the guarantee of due process exists to prevent potential governmental overreach in cases involving fundamental liberty interests. See Troxel, 530 U.S. at 65, 120 S.Ct. 2054 (“We have long recognized that the [Fourteenth] Amendment’s Due Process Clause, like its Fifth Amendment counterpart, ‘guarantees more than fair process.’ • The Clause also includes a substantive component that ‘provides heightened protection against government interference with certain fundamental rights and liberty interests.’ ”). Thus, the Texas Supreme Court has held that in parental[-rights] termination cases, the parents’ fundamental interest in maintaining custody and control of their children is balanced against the State’s fundamental interest in protecting the welfare of the child. See In re M.S., 115 S.W.3d 534, 547-48 (Tex.2003). But for the State’s fundamental interest in the welfare of the child, termination would not be proper. The Legislature has safeguarded the parent’s fundamental interest by limiting the circumstances in which the State’s interest can overcome the parent’s interest. See Tex. Fam. Code Ann. § 161.001. And we have further safeguarded the parent’s interest by requiring courts of appeals to conduct an exacting review of the entire record when a parent challenges a termination order for insufficient evidence. See C.H., 89 S.W.3d at 19. In short, the State’s competing fundamental interest, the Legislature’s statutory protection of the parent’s fundamental interest by narrowing the grounds for termination, and our protection of the parent’s fundamental interest by requiring an exacting review of the entire record together provide ample protection of the parent’s fundamental interest. In re A.B., 437 S.W.3d 498, 505 (Tex.2014). Consequently, to hold that an agreement to terminate the parent-child relationship obtained via a mediated settlement agreement eliminates the Department’s requirement to prove by clear and convincing evidence that the agreement is in the child’s best interest would eliminate the due process protection which makes termination of parental rights by the State constitutional. See T.W., 431 S.W.3d at 651. 5. Section 153.0071(e) Can Be Interpreted Consistent With the Constitutional Safeguards in Parental-Rights Termination Cases Having determined that Lee ⅛ interpretation of Section 153.0071(e) in the context of best-interest review under Section 153.002 does not apply to parental-rights termination cases brought by the Department, we must now ' interpret Section 153.0071(e) in the context of best-interest review under Section 161.001(2). Giving effect to the Legislature’s intent is the primary objective in interpreting statutes. Tex. Lottery Comm’ n v. First State Bank of DeQueen, 325 S.W.3d 628, 635 (Tex.2010). Unless a legislative definition is provided or is apparent from the context of the statute, we find legislative intent in the plain meaning of the statute, unless the plain meaning would lead to absurd results. Id. Moreover, we presume that the statutory language was selected with care and that the Legislature chose every word or. phrase purposefully. . Id. Finally, we presume that in enacting any statute, the Legislature intended to comply “with the constitutions of this state and the United States,” and courts must give them a construction which is consistent with constitutional requirements. Tex. Gov’t Code Ann. § 311.021 (West 2013); Proctor v. Andrews, 972 S.W.2d 729 (Tex.1998). Therefore, we must determine whether Section 153.0071(e) can be interpreted in a manner which is consistent with the statutory language without violating the due process protections afforded parents in parental-rights termination cases. We find that it can. Section 153.0071(c) states, “On the written agreement of the parties or on the court’s own motion, the court may refer a suit affecting the parent-child relationship to mediation.” ' Tex. Fam. Code Ann. § 153.0071(c) (West 2014): By contrast, Section 153.0071(e) states, “If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on-the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law.” Tex. Fam. Code Ann. § 153.0071(e). Thus, Section 153.0071(c) identifies those cases that may be submitted to mediation. From that subset of cases properly submitted to mediation and in which a mediated settlement agreement results, Section 153.0071(e), in turn, identifies those cases in which the trial court’s duty to conduct a best-interest review is eliminated, indeed, in which the trial court’s ability to conduct such a review is foreclosed. Noticeably absent from subsection (e)— which is present in subsection (c) — is the language “suit affecting the parent-child relationship.” Section 101.032 defines a “suit affecting the parent-child relationship” as “a suit filed as provided by this title in which the appointment of a managing conservator or a possessory conservator, access to or support of a child, or establishment or termination of the parent-child relationship is requested.” Tex. Fam. Code Ann. § 101.032(a) (West 2014). The phrase “this title” in Section 101.032(a) refers to Title 5 of the Family Code, and parental-rights termination cases are contained within Title 5. Therefore, any suit under Title 5, including parental-rights termination cases brought by the Department, can be referred to mediation under Section 153.0071(c), but not every suit referred to mediation under Title 5 produces a mediated settlement agreement that forecloses the trial court’s best-interest review under Section 153.0071(e). The question then becomes which cases referred to mediation under Title 5 produce a mediated settlement agreement that forecloses the trial court’s best-interest review under Section 153.0071(e). Because Section 153.0071(e) is located within Chapter 153 and does not include the statutory language “suit affecting the parent child relationship” and because Chapter 153 only involves suits for conser-vatorship, possession, and access to children, then only cases for conservatorship, possession, and access to children that are referred to mediation under Section 153.0071(c) can produce a mediated settlement agreement that forecloses the trial court’s best-interest review. Because termination cases are governed by Chapter 161, Section 153.0071(e) would not apply to such cases. Therefore, Section 153.0071(c) and (e) can be interpreted to mean that any suit under Title 5, including a parental-rights termination suit, may be referred to mediation, but only those suits for conservatorship, possession, and access that produce a mediated settlement agreement can eliminate the trial court’s best-interest review. . If the Legislature had intended Section 153.0071(e) to apply to cases under Chapter 161, it could have written Section 153.0071(e) to read, “If a mediated settlement agreement [in a suit affecting the parent-child, relationship ] meets the