In the Interest of A.D., S.R., and K.A., Children v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJune 18, 2026
Docket11-25-00383-CV
StatusPublished
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Full Opinion
Opinion filed June 18, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00383-CV
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IN THE INTEREST OF A.D., S.R., AND K.A., CHILDREN
On Appeal from the 326th District Court
Taylor County, Texas
Trial Court Cause No. 11431-CX
MEMORANDUM OPINION
This is an accelerated appeal from the trial court’s order terminating the
parental rights of the mother1 to her children, A.D., S.R., and K.A.2 On appeal,
Appellant presents a single issue challenging the sufficiency of the evidence to
support the trial court’s finding that termination of her parental rights is in the
1
The trial court also terminated the parental rights of the alleged and unknown fathers of the
children. Only the mother appealed.
To protect the identities of the children, we use initials or pseudonyms to refer to them and their
2
family members. See TEX. R. APP. P. 9.8(b).
children’s best interest. See TEX. FAM. CODE ANN. § 161.001(b) (West Supp. 2025).
We affirm the trial court’s order.
Termination Findings and Standards
The termination of parental rights must be supported by clear and convincing
evidence. Id. To terminate one’s parental rights, it must be shown by clear and
convincing evidence that the parent has committed one of the acts listed in
Section 161.001(b)(1), and that termination is in the best interest of the children. Id.
Clear and convincing evidence is “the measure or degree of 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.” Id. § 101.007 (West 2019).
In this case, the trial court found that clear and convincing evidence
established that Appellant: (1) knowingly placed or knowingly allowed the children
to remain in conditions or surroundings which endangered the physical or emotional
well-being of the children; and (2) engaged in conduct or knowingly placed the
children with persons who engaged in conduct which endangered the physical or
emotional well-being of the children. See id. § 161.001(b)(1)(D), (E). The trial
court further found that termination of Appellant’s parental rights is in the children’s
best interest. See id. § 161.001(b)(2).
In reviewing a legal sufficiency challenge, we must decide whether “a
reasonable trier of fact could have formed a firm belief or conviction that its finding
was true.” In re J.W., 645 S.W.3d 726, 741 (Tex. 2022). Cognizant of the required
appellate deference to the factfinder, “we look at all the evidence in the light most
favorable to the finding, assume that the factfinder resolved disputed facts in favor
of its finding if a reasonable factfinder could do so, and disregard all evidence that a
reasonable factfinder could have disbelieved or found to have been incredible.” Id.
(internal quotation marks omitted). “However, we may not disregard ‘undisputed
2
facts that do not support the finding,’” and the factfinder is “the sole arbiter of the
witnesses’ credibility and demeanor.” Id. (first quoting In re J.F.C., 96 S.W.3d 256,
266 (Tex. 2002); and then quoting In re J.F.-G., 627 S.W.3d 304, 312 (Tex. 2021)).
As such, when considering the credibility of the evidence presented, we may not
substitute our judgment for that of the factfinder. J.F.-G., 627 S.W.3d at 316.
In assessing whether the evidence is factually sufficient, we weigh the
disputed evidence that is contrary to the finding against all the evidence that favors
the finding. In re A.C., 560 S.W.3d 624, 631 (Tex. 2018). We give due deference
to the finding and determine whether, on the entire record, a factfinder could
reasonably form a firm belief or conviction about the truth of the allegations against
the parent. In re J.O.A., 283 S.W.3d 336, 345 (Tex. 2009); In re C.H., 89 S.W.3d
17, 25–26 (Tex. 2002); In re L.C.C., 667 S.W.3d 510, 512 (Tex. App.—Eastland
2023, pet. denied).
With respect to the best interest of the children, no unique set of factors need
be proved. L.C.C., 667 S.W.3d at 513; In re C.J.O., 325 S.W.3d 261, 266 (Tex.
App.—Eastland 2010, pet. denied). Further, the best interest determination does not
restrict the proof to any specific factor or factors. In re J.S., 687 S.W.3d 541, 547
(Tex. App.—Eastland 2024, no pet.). However, courts may use the non-exhaustive
Holley factors to shape their analysis. Holley v. Adams, 544 S.W.2d 367, 371–72
(Tex. 1976). These include, but are not limited to: (1) the desires of the children;
(2) the emotional and physical needs of the children now and in the future; (3) the
emotional and physical danger to the children 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 children; (6) the plans for the children
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 the
3
existing parent-child relationship is not a proper one; and (9) any excuse for the acts
or omissions of the parent. Id.
To support a best interest finding, the Department of Family and Protective
Services (the Department) is not required to prove each Holley factor; in some
circumstances, evidence of the presence of only one factor will suffice. C.H., 89
S.W.3d at 27; In re D.M., 452 S.W.3d 462, 473 (Tex. App.—San Antonio 2014, no
pet.). Additionally, the same evidence that proves one or more statutory grounds for
termination may also constitute sufficient, probative evidence illustrating that
termination is in the children’s best interest. C.H., 89 S.W.3d at 28; C.J.O., 325
S.W.3d at 266.
The absence of evidence of some Holley considerations does not preclude the
factfinder from reasonably inferring or forming a strong conviction or belief that
termination is in the children’s best interest, particularly if the evidence indicates
that the parent-child relationship and the parent’s conduct has endangered the safety
and well-being of the children. C.H., 89 S.W.3d at 27. This is so because the best
interest analysis evaluates the best interest of the children, not the parent. J.S., 687
S.W.3d at 548; In re E.C.R., 638 S.W.3d 755, 767 (Tex. App.—Amarillo 2021, pet.
denied) (citing In re B.C.S., 479 S.W.3d 918, 927 (Tex. App.—El Paso 2015, no
pet.)).
In this regard, the factfinder may measure a parent’s future conduct by his or
her past conduct in determining whether termination of a parent’s parental rights is
in the children’s best interest. J.S., 687 S.W.3d at 548; In re Z.R.M., 665 S.W.3d
825, 829 (Tex. App.—San Antonio 2023, pet. denied); In re D.S., 333 S.W.3d 379,
384 (Tex. App.—Amarillo 2011, no pet.). The factfinder may infer that a parent’s
past conduct that endangered the safety and well-being of the children may recur in
the future if the children are returned to the possession of the parent. In re J.D., 436
4
S.W.3d 105, 118 (Tex. App.—Houston [14th Dist.] 2014, no pet.); May v. May, 829
S.W.2d 373, 377 (Tex. App.—Corpus Christi–Edinburg 1992, writ denied).
Moreover, the factfinder may infer from a parent’s past inability to meet the
children’s physical and emotional needs an inability or unwillingness by the parent
to meet the children’s physical and emotional needs in the future. J.D., 436 S.W.3d
at 118; see also In re A.S., No. 11-16-00293-CV, 2017 WL 1275614, at *3 (Tex.
App.—Eastland Mar. 31, 2017, no pet.) (mem. op.).
The Evidence Presented at Trial
Appellant committed the offense of possession of methamphetamine in 2018
and was subsequently placed on deferred adjudication community supervision. See
TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West Supp. 2025). In 2020, the
Department was granted temporary managing conservatorship of seven-year-old
A.D. due to Appellant’s continued methamphetamine use and domestic violence
between her and her then-boyfriend, R.R. In June 2021, while the case involving
A.D. was pending, Appellant gave birth to S.R., who tested positive for
methamphetamine and marihuana. S.R. was removed and placed with Appellant’s
grandmother, J.M., who was already caring for A.D. at that time.
Appellant was adjudicated guilty of methamphetamine possession in April
2022 for violating conditions of her community supervision. Soon thereafter, final
orders were issued in each termination suit that appointed the Department permanent
managing conservator of A.D. and S.R., designated Appellant possessory
conservator, ordered that the children remain in the care of J.M., and terminated the
parental rights of A.D.’s father and R.R.’s parental rights to S.R.
From 2022 to 2023, the Department gave Appellant the opportunity to secure
stable, drug-free housing, and demonstrate her ability to achieve and maintain
sobriety. But in early 2023, Appellant stopped participating in services, stopped
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drug testing, and “wasn’t visiting [A.D. and S.R.] as much.” Appellant gave birth
to K.A. in September 2023, and J.M. became the permanent managing conservator
of both A.D. and S.R. Despite Appellant’s lack of compliance and failure to secure
stable housing, she retained possessory conservatorship of both A.D. and S.R. In
November or December 2023, within a month after the Department closed its cases,
Appellant and K.A. moved into J.M.’s home with A.D. and S.R.
The Department initiated another investigation in April 2024, while Appellant
was still living with J.M. and the children, and drug tested all occupants of the
home—all three children, J.M., and Appellant tested positive for methamphetamine.
Appellant also tested positive for amphetamine and marihuana. The Department
was granted temporary managing conservatorship of the children and implemented
another family plan of service for Appellant. Appellant’s service plan requirements
included that she maintain sobriety, submit to random drug testing, attend
counseling, complete parenting classes, attend parent-child visitation, and acquire
her own stable, drug-free housing. J.M. also participated in services, and was
instructed not to allow Appellant into her home or around the children outside
scheduled supervised visitation. The children were placed back in J.M.’s care in
June 2024.
Following the children’s removal, Appellant completed a thirty-day inpatient
substance abuse treatment program at Serenity House. But she eventually stopped
attending counseling, stopped drug testing, and ceased communicating with the
Department. In August 2024, Appellant committed Class A misdemeanor assault
against R.R., and she pleaded guilty to the offense the following November.
Due to Appellant’s refusals to drug test and inconsistent communication, the
trial court suspended her visitation in February 2025 and ordered her to submit to
drug testing. J.M. testified that she was aware that Appellant was prohibited from
6
contacting the children until she drug tested. Despite the trial court’s unequivocal
instructions, J.M. brought Appellant with her and the children on a two-night
stay in Fort Worth. When they returned to Abilene, K.A. tested positive for
methamphetamine. The children were once again removed from J.M.’s home and
placed in separate foster homes.
After the children’s second removal, J.M. filed a petition in intervention as
the children’s managing conservator in which she sought sole managing
conservatorship. In support of her requested relief, J.M. cited Appellant’s history of
drug abuse and domestic violence. Appellant tested positive for methamphetamine
and marihuana in March and positive for methamphetamine in August 2025, and
failed to submit to drug testing in July, September, and October 2025.
The trial court held the final termination hearing on October 14, 2025. At that
time, A.D. was eleven, S.R. was four, and K.A. was two years old. Appellant was
the first witness; she admitted that the children’s and J.M.’s positive drug test results
were caused by her methamphetamine use. She testified that she still struggled with
methamphetamine use and used as recently as a week before the final hearing.
Appellant asked the trial court to reunite the children with J.M. in the event
her parental rights were terminated. She testified that her children consider J.M.’s
home as their home, and A.D. expressed his desire to return to J.M.’s care. Appellant
claimed that she had not spoken to J.M. in “a few months,” swore to abide by any
court orders that prohibit contact with the children, and asserted that she was willing
to move to eliminate those concerns.
The Department presented the testimony of five additional witnesses,
including Department case managers, a Department supervisor, J.M., and A.D.’s and
S.R.’s Court Appointed Special Advocate (CASA), Cole Bennett. Bennett testified
that A.D. was “thriving” in his placement, was “doing very well in school,” and had
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“a very robust extracurricular life.” Permanency case manager Emily Stewart
likewise testified that the children were doing well in their respective placements.
S.R. was in a foster home that specializes in “difficult or high-nerve” children where
his foster parents managed his behaviors and met his needs. K.A.’s and A.D.’s foster
parents hoped to adopt them, and A.D.’s foster mother expressed interest in adopting
S.R. as well. The children’s foster parents further agreed to facilitate contact
between the siblings, and A.D.’s foster mother agreed to continue visits between
A.D. and J.M.
Stewart testified that termination was in the children’s best interest because
Appellant lacked stability, continued testing positive for methamphetamine, and
repeatedly exposed the children to drugs. Bennett attested that Appellant was not “a
safe parent,” and J.M. was “not sufficiently committed to keeping [Appellant] away
from the children.”
J.M. admitted during the final hearing that she knew Appellant did not submit
to drug testing before they drove to Fort Worth in February 2025. J.M. proclaimed
to understand the consequences of allowing Appellant around the children, and
testified that she would not permit unauthorized contact if the children were placed
with her. She then defended her actions by saying:
[H]ow is it my fault that the children test positive when I’m not the drug
user? . . . I’m telling you now that it’s not my fault. I cannot control
another human being and tell them to not do drugs. . . . The [c]ourt
does not give the caregivers like me protection, because today it’s
looking like it’s my fault that the kids are testing positive.
The Department introduced the report from J.M.’s psychological evaluation, which
revealed that J.M. was defensive, “reluctant to admit to minor faults,” had “a
tendency to minimize any negative impact that her actions may have on other people
and also on herself.”
8
At the conclusion of the hearing, the trial court terminated Appellant’s
parental rights and found termination to be in the children’s best interest. See FAM.
§ 161.001(b)(1)(D), (E), (b)(2). The trial court denied J.M.’s petition in
intervention, and the Department was appointed permanent managing conservator
of the children. This appeal followed.
The Best Interest of the Children
Appellant challenges the legal and factual sufficiency of the evidence to
support the trial court’s finding that termination of her parental rights is in the
children’s best interest.3 “‘[B]est interest’ is a term of art encompassing a much
broader, facts-and-circumstances based evaluation that is accorded significant
discretion.” In re Lee, 411 S.W.3d 445, 460 (Tex. 2013) (quoting Holley, 544
S.W.2d at 371–72). We reiterate that the trial court, as the trier of fact, is the sole
judge of the witnesses’ credibility. J.F.-G., 627 S.W.3d at 312. We are not at liberty
to disturb the determinations of the factfinder so long as those determinations are not
unreasonable. Id. at 311–12; In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005). Giving
the requisite due deference to the trier of fact, we hold that, based on the evidence in
the record and the application of the Holley factors, the trial court could have formed
a firm belief or conviction that termination of Appellant’s parental rights was in the
best interest of the children. See Holley, 544 S.W.2d at 371–72.
3
Appellant argues that terminating her parental rights effectively terminates any rights of J.M. as
former managing conservator of the children. Her contention on appeal rests on the alleged unjust removal
of the children from J.M. in February 2025 after K.A. again tested positive for methamphetamine.
However, J.M. did not appeal the trial court’s judgment denying her requested relief, and, given our
disposition affirming the order of termination, Appellant does not have standing to challenge the trial
court’s conservatorship determination on appeal. See In re J.M., 603 S.W.3d 163, 171–72 (Tex. App.—
Texarkana 2020, no pet.); In re E.G.K., No. 04-22-00681-CV, 2023 WL 2777510, at *7 (Tex. App.—
San Antonio Apr. 5, 2023, no pet.) (mem. op.). Accordingly, we discuss the evidence relevant to the issue
of J.M.’s conservatorship only as it pertains to whether the termination of Appellant’s parental rights was
in the children’s best interest.
9
Evidence of each Holley factor is not required to support a best interest
finding. In re S.R., 452 S.W.3d 351, 366 (Tex. App.—Houston [14th Dist.] 2014,
pet. denied); In re S.O., No. 05-22-01019-CV, 2023 WL 2237084, at *11 (Tex.
App.—Dallas Feb. 27, 2023, no pet.) (mem. op.). In other words, the absence of
evidence regarding some of these factors does not preclude a best interest finding,
“particularly if [the] undisputed evidence shows the parental relationship
endangered the child’s safety.” In re N.T., 474 S.W.3d 465, 477 (Tex. App.—Dallas
2015, no pet.) (quoting In re A.E., No. 05-14-01340-CV, 2015 WL 1184179, at *6
(Tex. App.—Dallas Mar. 16, 2015, pet. denied) (mem. op.)). Consequently,
“evidence relating to one single factor may be adequate in a particular situation to
support a finding that termination is in the best interest[] of the child[ren].” J.S., 687
S.W.3d at 552 (quoting In re K.S., 420 S.W.3d 852, 855 (Tex. App.—Texarkana
2014, no pet.)). And evidence that is relevant to Section 161.001(b)(1) termination
grounds may be probative of the children’s best interest. See In re E.C.R., 402
S.W.3d 239, 249–50 (Tex. 2013) (citing C.H., 89 S.W.3d at 28).
Appellant does not contest the trial court’s endangerment findings under
Section 161.001(b)(1)(D) and (E). So long as the evidence supports those findings,
they are valid grounds for termination. See E.C.R., 402 S.W.3d at 249–50; In re
A.V., 113 S.W.3d 355, 362 (Tex. 2003); J.S., 687 S.W.3d at 552. In this regard,
evidence that Appellant endangered the children could be considered by the
factfinder in determining whether termination is in the children’s best interest. See
E.C.R., 402 S.W.3d at 249–50; C.J.O., 325 S.W.3d at 266.
Appellant’s years of methamphetamine use endangered her children and
resulted in her inability to provide the children with a safe and stable home, which
“implicates most of the Holley factors.” In re E.D., 682 S.W.3d 595, 607 (Tex.
App.—Houston [1st Dist.] 2023, pet. denied). It is well-established that a parent’s
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continuing pattern of drug use can support a best interest finding because of the
“attendant risks to employment, housing, and prolonged absence from the
child[ren].” In re R.R.A., 687 S.W.3d 269, 279–81 (Tex. 2024); see also In re J.A.R.,
696 S.W.3d 245, 257 (Tex. App.—Houston [14th Dist.] 2024, pet. denied) (The
parents’ years of drug use supported the trial court’s best interest finding.). Such
risks were present in this case—because of Appellant’s methamphetamine use, each
child tested positive for methamphetamine. See J.S., 687 S.W.3d at 550 (“[D]rug
use and its effects on the parent’s life and ability to parent and care for a child may
establish an endangering course of conduct.”); In re R.R.L., No. 11-25-00263-CV,
2026 WL 616107, at *7 (Tex. App.—Eastland Mar. 5, 2026, no pet.) (mem. op.)
(Evidence of endangerment is relevant to the best interest analysis.).
In addition to the children’s positive drug tests in April 2024, the trial court
could consider Appellant’s history of drug abuse and irresponsible choices. See
J.O.A., 283 S.W.3d at 346; In re T.B., No. 09-20-00172-CV, 2020 WL 6787523, at
*8, *11 (Tex. App.—Beaumont Nov. 19, 2020, no pet.) (mem. op.) (“The factfinder
may consider prior CPS history of neglect, drug use, or lack of care for the children,”
as evidence of endangerment, “which bears on the best-interest determination.”).
Appellant’s drug use continued while she was on deferred adjudication for
possession of methamphetamine, which led to A.D.’s removal in 2020. In addition
to the removal of her children, Appellant’s conduct resulted in a felony conviction
for methamphetamine possession. See In re A.M., No. 11-25-00253-CV, 2026
WL 545550, at *7 (Tex. App.—Eastland Feb. 27, 2026, no pet.) (mem. op.) (Any
criminal activity that exposes the parent to the potential for incarceration is relevant
to the best interest analysis.). Despite her pending criminal and termination
proceedings, Appellant engaged in drug use while pregnant with S.R. See In re A.V.,
697 S.W.3d 657, 659 (Tex. 2024) (relating to endangerment, a parent’s drug use
11
during pregnancy “supports a finding of direct injury to the child[ren]”); J.S., 687
S.W.3d at 551(A parent’s decision to engage in illegal drug use during the pendency
of a termination suit, when the parent is at risk of losing a child, may support an
endangerment finding.) (citing In re A.M., 495 S.W.3d 573, 580 (Tex. App.—
Houston [1st Dist.] 2016, pet. denied)).
Moreover, Appellant minimized her culpability and failed to comply with the
requirements of her service plan. See E.C.R., 402 S.W.3d at 249 (A parent’s failure
to complete court-ordered services can support a best interest finding.); In re J.M.T.,
519 S.W.3d 258, 270 (Tex. App.—Houston [1st Dist.] 2017, pet. denied) (“A fact
finder may infer from a parent’s failure to take the initiative to complete the services
required to regain possession of his child that he does not have the ability to motivate
himself to seek out available resources needed now or in the future.”). Appellant
tested positive for methamphetamine twice in 2025, refused to submit to drug testing
at least three times, and admitted to using methamphetamine a week before the final
hearing. She acknowledged that she exposed the children to methamphetamine, but
testified that the children tested positive “[j]ust a couple” of times, and initially did
not recall that A.D. and S.R. tested positive in April 2024. Appellant’s drug use
caused K.A. to have detectable methamphetamine levels in her system for at least
ninety days following removal. S.R. was exposed in utero and again in 2024. Even
J.M. tested positive for methamphetamine in April 2024 while Appellant lived with
her and the children. Appellant’s failure to address the Department’s concerns
weighs in favor of the trial court’s best interest finding. See In re A.H., No. 11-24-
00075-CV, 2024 WL 3879987, at *7 (Tex. App.—Eastland Aug. 21, 2024, pet.
denied) (mem. op.) (“[Mother’s] past behavior, minimization of her conduct, [and]
drug use . . . permit the rational conclusion that relinquishing [the child] to her care
would pose a substantial risk of harm to the child.”).
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Despite the risks to her children from her persistent drug use, Appellant
accompanied J.M. and the children to Fort Worth where they all slept in the same
hotel room for two nights; K.A. tested positive for methamphetamine a week later.
Appellant’s blatant disregard for the children’s safety permitted the inference that
she is unable to meet the physical and emotional needs of the children. See In re
U.G.G., 573 S.W.3d 391, 402 (Tex. App.—El Paso 2019, no pet.) (“In reviewing the
parenting abilities of a parent, a fact finder can consider the parent’s past neglect or
past inability to meet the physical and emotional needs of the children.”).
Appellant’s pattern of instability and parental indifference went beyond her
drug use. Domestic violence between her and R.R. in 2020 contributed to A.D.’s
removal, yet she continued contact with R.R. until she was convicted of assaulting
him in November 2024. It is well-established that “[p]hysical violence in the home
leads to an unstable and unpredictable environment for children.” In re O.E.R., 573
S.W.3d 896, 905 (Tex. App.—El Paso 2019, no pet.); see also In re S.R., 452 S.W.3d
351, 366–68 (Tex. App.—Houston [14th Dist.] 2014, pet. denied).
Significantly, no one, not even Appellant, requested that the children be
relinquished to her care, and there was no evidence of Appellant’s living
arrangement at the time of the final hearing. What is apparent from the record,
however, was the implicit consensus that Appellant could not provide the children
with a safe, drug-free home environment. The parties instead focused on J.M.’s
parenting ability and protective capacity—notably, J.M.’s ability to safeguard the
children from Appellant. Even Appellant recognized that her children needed to be
protected from her. It was thus understood at the final hearing that contact between
Appellant and the children would endanger their physical health or emotional well-
being, which is highly relevant to the best interest determination. See J.W., 645
13
S.W.3d at 742 (considering the parent’s unstable and uncertain living situation in
upholding the trial court’s best interest finding).
Given the child-centered focus of the best interest inquiry, courts must also
consider the children’s desires and positive strides since removal. See id. at 747;
Holley, 544 S.W.2d at 371–72. When children are too young to express their desires,
the factfinder may consider whether the children have bonded with their caregivers,
are well-cared for by them, and whether the children have spent minimal time with
a parent. In re E.J.M., 673 S.W.3d 310, 334 (Tex. App.—San Antonio 2023, no
pet.); see also In re N.J.H., 575 S.W.3d 822, 834 (Tex. App.—Houston [1st Dist.]
2018, no pet.) (Evidence showing that a young child had bonded with the foster
family supported the trial court’s best interest finding.). At the time of the final
hearing, A.D. was almost twelve years old, S.R. was four, and K.A. was two.
Appellant and J.M. testified that A.D. and S.R. expressed their desire to return to
J.M., but there was no evidence of their desires pertaining to Appellant’s parental
rights. A.D. had been in J.M.’s care since his removal from Appellant in 2020. S.R.
lived with J.M. his entire life before April 2024, and K.A. was removed from
Appellant when she was seven months old.
The record demonstrated that the children were doing well in their placements,
their foster parents were willing to facilitate contact between the siblings, and A.D.’s
foster mother was willing to continue visitation between A.D. and J.M. A.D.’s and
K.A.’s foster parents also intended to adopt them. While we do not discount A.D.’s
desires, we hold that the trial court could have rationally concluded in this case that
preserving Appellant’s parental rights was not in the children’s best interest. See In
re J.J.R.S. , 627 S.W.3d 211, 223 (Tex. 2021) (stating that the Family Code “does
not require termination when a severe restriction or limitation on access can also be
in the best interest of the child while preserving the possibility that the parent and
14
child may continue to have a relationship in the future”); In re T.M., No. 11-25-
00273-CV, 2026 WL 770620, at *10 (Tex. App.—Eastland Mar. 19, 2026, no pet.)
(mem. op.) (“[R]estrict[ing] [the mother’s] possessory rights[] without terminating
them” would have protected the child’s best interest because the mother was
“working to fight for her kids.”). The children’s foster parents were meeting their
needs, which necessarily included protecting them from drug exposure and drug
users. Historically, J.M. allowed unauthorized contact between Appellant and the
children, notwithstanding Appellant’s ongoing substance abuse, which can
constitute endangerment. See In re E.A.R., 583 S.W.3d 898, 909 (Tex. App.—
El Paso 2019, pet. denied) (“Inappropriate, abusive, or unlawful conduct by persons
who live in the child’s home or with whom the child . . . associate[s] on a regular
basis in [the] home is a part of the [child’s] ‘conditions or surroundings’” under
Section 161.001(b)(1)(D).).
Appellant was given countless opportunities to properly care for her children
throughout the years, and instead exhibited a clear disinterest in protecting her
children. See J.S., 687 S.W.3d at 554; In re A.J.D.-J., 667 S.W.3d 813, 823 (Tex.
App.—Houston [1st Dist.] 2023, no pet.). Appellant’s lack of stability and failure
to maintain sobriety poses an emotional and physical danger to the children now and
in the future, and shows an unwillingness or inability to meet the children’s needs
now and in the future. A.J.D.-J., 667 S.W.3d at 823; see Holley, 544 S.W.2d at 371–
72. The record therefore shows multiple circumstances from which the trial court
could have reasonably discerned a “pattern of conduct that is inimical to the very
idea of child-rearing.” J.F.-G., 627 S.W.3d at 316 (quoting C.H., 89 S.W.3d at 28);
Holley, 544 S.W.2d at 371–72. Consequently, the evidence showed that the existing
parent-child relationship between Appellant and her children was not a proper one,
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which supports the trial court’s best interest finding. See Holley, 544 S.W.2d at 371–
72.
Upon considering the emotional and physical danger to the children now and
in the future, the emotional and physical needs of the children now and in the future,
Appellant’s actions and inactions, drug use, criminal history, history with the
Department, and refusal to address the issues that caused the Department’s years of
involvement, we hold that the evidence is legally and factually sufficient to support
the trial court’s findings that termination of Appellant’s parental rights is in the best
interest of the children. See J.W., 645 S.W.3d at 741; Holley, 544 S.W.2d at 371–
72; J.S., 687 S.W.3d at 554.
Accordingly, we overrule Appellant’s issue on appeal.
This Court’s Ruling
We affirm the order of the trial court.
W. BRUCE WILLIAMS
JUSTICE
June 18, 2026
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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