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IN RE A.V.

No. 01-0706.

113 S.W.3d 355 (2003)

In the Interest of A.V. and J.V., Minor Children.

Supreme Court of Texas.

Decided July 3, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

James Wiley, Assistant Criminal District Attorney, John W. Segrest, McLennan County Criminal District Attorney, Daniel David Semanek, Office of the Criminal Dist. Atty., Ashley Tallm Westmoreland, Waco, for petitioner.

Nita C. Fanning, Law Office of Nita Fanning, Gerald Ray Villarrial, Waco, for respondent.

Justice ENOCH delivered the opinion of the Court.

Section 161.001(1)(Q) of the Texas Family Code provides that parental rights may be terminated if the parent has knowingly engaged in criminal conduct for which the parent is incarcerated and unable to care for the child "for not less than two years from the date of filing the petition."1 We must decide whether the two years applies to the period before the filing or after, and whether...

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