In the Interest of G.H., a Child v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJuly 10, 2026
Docket11-26-00012-CV
StatusPublished
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Full Opinion
Opinion filed July 10, 2026
In The
Eleventh Court of Appeals
__________
No. 11-26-00012-CV
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IN THE INTEREST OF G.H., A CHILD
On Appeal from the 326th District Court
Taylor County, Texas
Trial Court Cause No. 11531-CX
MEMORANDUM OPINION
This is an accelerated appeal from the trial court’s order terminating the
parental rights of the mother and father of G.H.1 Both parents appealed. On appeal,
each parent challenges the sufficiency of the evidence to support the trial court’s
findings that termination of that parent’s parental rights is in the child’s best interest.
See TEX. FAM. CODE ANN. § 161.001(b) (West Supp. 2025). We affirm the trial
court’s order.
1
To protect the identities of the child and the child’s family members, we use pseudonyms or initials
to refer to them. See TEX. R. APP. P. 9.8(b).
I. 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 child. 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 each parent: (1) knowingly placed or knowingly allowed the child
to remain in conditions or surroundings which endangered the physical or emotional
well-being of the child; and (2) engaged in conduct or knowingly placed the child
with persons who engaged in conduct which endangered the physical or emotional
well-being of the child. See id. § 161.001(b)(1)(D), (E). The trial court further found
that termination of each parent’s parental rights is in the child’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
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)).
2
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 child, 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 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 the
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 is not required to prove
each Holley factor; in some circumstances, evidence of the presence of only one
3
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 child’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 child’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 child. C.H., 89 S.W.3d at 27. This is so because the best interest
analysis evaluates the best interest of the child, 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 child’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 child may recur in the
future if the child is returned to the possession of the parent. In re J.D., 436 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 child’s physical and
emotional needs an inability or unwillingness by the parent to meet the child’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.).
4
II. The Evidence Presented at Trial
The Department received a report in February 2024 that the mother and father
were using drugs and possibly engaging in domestic violence while caring for G.H.
The mother admitted to Department investigator Alyssa Jones that she and the father
were marihuana users, and that she used marihuana while pregnant with G.H. The
mother had a history of methamphetamine use but purportedly stopped using in 2020
or 2021. The mother’s criminal history included three felony convictions for
possession of methamphetamine for offenses that she committed in 2014, 2016, and
2019.2 See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West Supp. 2025).
Before G.H. was born, the Department investigated the mother in 2014 and 2019 for
her drug use and neglectful supervision of her two older children, and her second
son was ultimately adopted by another family.
When Jones spoke to the father, he claimed to have “switched [from
marihuana] to . . . CBD product[s]” approximately a month prior “and [did] not
really use [illegal] mari[h]uana” anymore. In June 2023, the father was arrested for
possessing less than a gram of tetrahydrocannabinol (THC) and a vape pen was
found in the vehicle he was driving; the father was still under indictment for this
charge in February 2024. See HEALTH & SAFETY §§ 481.103, 481.116(b). He pled
guilty to this offense in November 2024 and was placed on community supervision
for five years. The father’s prior criminal conduct included violence and drug use—
he committed aggravated assault with a deadly weapon, a second-degree felony, in
September 2014. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2026). In
November 2016, while on community supervision for the aggravated-assault
offense, he committed the state-jail felony offense of possession of
methamphetamine, pled guilty, and was sentenced to confinement for eighteen
2
The mother was originally placed on deferred adjudication community supervision for her 2014
methamphetamine-possession offense. After she was indicted for possession of methamphetamine in 2016,
she was adjudicated guilty for the 2014 offense and convicted of the 2016 offense on the same date.
5
months in the State Jail Division of the Texas Department of Criminal Justice. See
HEALTH & SAFETY § 481.115(b). He was likewise assessed a concurrent seven-year
sentence for his aggravated-assault conviction following the revocation of his
community supervision.
When the father submitted to a drug screen for the Department in mid-
February 2024, he tested positive for marihuana and cocaine. The Department
implemented a safety plan that required G.H.’s paternal grandmother monitor all
contact between G.H. and the parents. The parents were also ordered to participate
in family-based safety services 3 (FBSS). But in July 2024, during the FBSS case,
the mother and G.H. tested positive for cocaine and marihuana. The Department
sought and was granted temporary managing conservatorship of G.H. and placed
him with the family who had adopted his older half-brother.
Family plans of service were created for the parents, which the trial court
approved and made orders of the court. The parents completed their service plan
requirements and attended their weekly supervised visits with G.H. However, both
parents tested positive for marihuana several times while that case was pending. The
father was authorized to use low-THC cannabis as part of the Compassionate-Use
Program, but the mother did not have a prescription to use it. See generally
HEALTH & SAFETY §§ 487.001–.256 (Texas Compassionate-Use Act); TEX. OCC.
CODE ANN. §§ 169.001–.006 (West Supp. 2025) (Authority to Prescribe Low-THC
Cannabis to Certain Patients for Compassionate Use); 37 TEX. ADMIN. CODE pt. 1
ch. 12 §§ 12.1–.61 (Tex. Dep’t of Pub. Safety, Compassionate-Use/Low-THC
3
“Family-based safety services are protective services provided to a family whose children are not
in the conservatorship of the Department.” 40 TEX. ADMIN. CODE pt. 19 ch. 700 subch. G div. 2 § 710
(2021). The Department’s Child Protective Services Division provides family-based safety services to
families and children “to: (1) protect the children from abuse and neglect; (2) help the family reduce the
risk of future abuse or neglect; and (3) prevent the removal of the children from their home.” Id.
Specifically, the family was ordered to participate in services through the Texas Family First (TFF) pilot
program. See FAM. §§ 262.402–.410 (authorizing and implementing the Family Preservation Services Pilot
Program).
6
Cannabis Program). And, like most patients who are prescribed low-THC cannabis
under the Compassionate-Use Act, the father was prohibited from smoking his
limited dosage units of low-THC cannabis. See OCC. § 169.001(3), (4).
In March 2025, the mother gave birth to G.H.2. The mother and G.H.2 tested
negative for all substances at that time, but the Department was notified that hospital
personnel smelled the odor of marihuana emitting from the father. When the
Department drug tested G.H.2 on July 1, 2025, he was positive for marihuana. G.H.2
was placed with his and G.H.’s paternal great aunt and her husband, V.N. and R.N.,
as “a voluntary placement” that the parents “could decide to end at any time.”
Permanency supervisor Brittany Elizondo discussed G.H.2’s drug test results with
the parents and the mother explained that “she potentially might have brought
[G.H.2] around some friends that maybe she shouldn’t have.” The father revealed
that he was illegally obtaining and using marihuana beyond his prescribed low-THC
cannabis. He also appeared at a hearing in August 2025 smelling strongly of
marihuana.
The trial court held the final termination hearing on July 14, October 1,
and December 3, 2025. Three-year-old G.H. was living in a foster home in
Wichita Falls, his third placement since removal. Permanency case manager Myisha
Taylor testified that G.H. was “doing really good,” had no developmental delays or
behavioral concerns, and completed speech therapy and occupational therapy in May
2025. Although G.H.’s foster home was not an adoptive placement, V.N. and R.N.
were approved as a placement for G.H. and were willing to adopt him. Taylor had
no concerns about V.N.’s and R.N.’s ability to care for both G.H. and G.H.2.
Both Taylor and Elizondo agreed that G.H. had a bond with his parents, and
that the parents had made progress since the beginning of the case. And while the
father tested positive for marihuana again in September 2025, the mother was
negative for all substances. However, according to Elizondo, termination was in the
7
best interest of G.H. because the parents had established a pattern of drug use and
exposing their children to drugs.4
V.N. testified that she and R.N. had been caring for G.H.2 for approximately
six months and were willing to care for G.H. as well. She and R.N. intended to adopt
G.H. if the parents’ rights were terminated and had a contingency plan if R.N.’s and
her health deteriorated. Despite her concerns that the parents and their “rowdy
bunch” of friends may expose G.H.2 to drugs or alcohol, she recently began allowing
the parents to spend weekends with G.H.2. V.N. was previously unaware that the
parents continued testing positive for marihuana and reiterated her commitment to
protecting G.H. and providing a safe, loving home.
At the conclusion of the hearing, the trial court terminated each parent’s
parental rights and found termination to be in the best interest of the child. See FAM.
§ 161.001(b)(1)(D), (E), (b)(2). This appeal followed.
III. The Best Interest of the Child
Each parent challenges the legal and factual sufficiency of the evidence to
support the trial court’s finding that termination of that parent’s parental rights is in
the best interest of the child. “‘[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
4
Taylor acknowledged the existing concern that the parents would continue exposing G.H. to drugs
if he returned to their care, but she would have preferred that if the trial court did grant access to them that
it appoint the parents as possessory conservators so that they could demonstrate their ability to provide G.H.
with a safe, drug-free home environment. Taylor further attested that only the mother, not the father, has
shown an ability to maintain sobriety “at certain times.”
8
the record and the application of the Holley factors, the trial court could have formed
a firm belief or conviction that termination of each parent’s parental rights was in
the best interest of the child. See Holley, 544 S.W.2d at 371–72.
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 child’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).
Neither parent contests 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 each parent endangered G.H. could be considered by the factfinder in
determining whether termination is in the child’s best interest. See In re H.S.,
No. 24-0307, 2026 WL 1614496, at *9 (Tex. June 5, 2026) (Although heightened
appellate review applies to both subsections, evidence that supports a finding under
9
subsection (b)(1) “may also be, and indeed often is, relevant to best interest under
[subsection] (b)(2).”); cf. E.C.R., 402 S.W.3d at 249–50; C.J.O., 325 S.W.3d at 266.
The parents’ years of drug use “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 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[].” In re R.R.A., 687 S.W.3d 269, 279–81 (Tex.
2024). Each parent’s criminal history began nearly a decade before the Department
initiated the underlying suit, and the mother’s commission of drug-related crimes
coincided with the removal of her two older children. See id. at 281 (A parent’s
pattern of drug use may pose a danger to the child’s physical or emotional well-
being.); 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, extensive criminal history, and
history with the Department supported the trial court’s best interest finding.); In re
L.R., No. 11-22-00332-CV, 2023 WL 3633700, at *2–3 (Tex. App.—Eastland
May 25, 2023, pet. denied) (mem. op.) (mother’s significant criminal history and
termination of her parental rights to another child supported best interest finding).
Additionally, the father was on community supervision for a drug-related offense at
the time of the final hearing. 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 the years of adverse consequences, the parents’ drug use persisted.
The mother used marihuana while pregnant with G.H., which “supports a finding of
direct injury to the child.” In re A.V., 697 S.W.3d 657, 659 (Tex. 2024) (relating to
the trial court’s endangerment findings). The parents likewise tested positive for
marihuana and cocaine prior to G.H.’s removal, and exposed G.H. to drugs before
10
he was ultimately removed upon testing positive for marihuana and cocaine. Nor
did G.H.’s removal serve as a deterrent—two weeks before the final hearing
commenced, the parents’ youngest child, G.H.2, tested positive for marihuana when
he was three months old. See 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.) (Courts may look to a
parent’s treatment of other children in the family in deciding whether that parent
engaged in a course of conduct that endangered the child, which is likewise relevant
to the best interest analysis. (citing Cervantes-Peterson v. Tex. Dep’t of Fam. &
Protective Servs., 221 S.W.3d 244, 253 (Tex. App.—Houston [1st Dist.] 2006, no
pet.))). The parents’ decision to engage in illegal drug use during the pendency of a
termination suit, when they were at risk of losing their child, is indeed contrary to
the child’s best interest. See J.S., 687 S.W.3d at 551; In re A.M., 495 S.W.3d 573,
580 (Tex. App.—Houston [1st Dist.] 2016, pet. denied).
We further emphasize the important distinction between the father’s legal use
of low-THC cannabis and illegally smoking marihuana in the presence of his
children. His prescription permitted only the former; it was not a license to smoke
illegally obtained marihuana. Even so, a parent’s abuse of any substance—whether
legal or not—may affect his or her ability to parent. See In re M.C., No. 09-25-
00232-CV, 2025 WL 3560685, at *13, *27 (Tex. App.—Beaumont Dec. 11, 2025,
pet. filed) (mem. op.) (evidence that the mother, who had a “medical marijuana
card,” continued to abuse alcohol and drugs throughout the case supported the best
interest finding). And, as with any potentially harmful substance, a parent must take
certain precautions to protect their children from such exposure. Thus, it is not in a
child’s best interest to return to a parent who uses intoxicants or illegal substances
in a manner that exposes the child to harm, or who knowingly surrounds the child
with others who expose the child to harm. See FAM. § 153.002 (The best interest of
the children shall always be the primary consideration.); In re E.A.R., 583 S.W.3d
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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).).
In the present case, the evidence permitted the rational inference that the father
illegally smoked marihuana with the mother, in the mother’s presence when she
stopped using herself, in the presence of G.H., and then G.H.2. Considering the
evidence of the parents’ history and pattern of drug use, criminal conduct, and
consistent disregard for the safety of G.H. and their other children, the trial court
could have rationally concluded that the parents were unable to meet the current and
future physical and emotional needs of G.H. See Holley, 544 S.W.2d at 371–72; 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.”).
Nevertheless, we do not discount the mother’s improvements. Her marihuana
levels decreased as the case progressed, and she eventually tested negative for all
illegal substances. And Elizondo agreed that the mother’s recent positive drug tests
were likely due to exposure. But “evidence of improved conduct, especially of short
duration, does not conclusively negate the probative value of a [parent’s] long
history of drug use and irresponsible choices.” J.O.A., 283 S.W.3d at 346; see also
N.T., 474 S.W.3d at 479 (“[R]ecent improvement alone is not sufficient to avoid
termination of parental rights.” (quoting In re K.D.C., No. 02-12-00092-CV, 2013
WL 5781474, at *16 (Tex. App.—Fort Worth Oct. 24, 2013, no pet.) (mem. op.))).
This is especially true here. When the mother was given opportunities in the past to
participate in services and achieve sobriety, she did so only sporadically and “for a
brief period of time” until the Department’s involvement concluded. See In re A.H.,
679 S.W.3d 817, 830 (Tex. App.—El Paso 2023, pet. denied) (mother’s voluntary
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admission to an inpatient program after removal does not counteract her history of
relapses and “pattern of decline upon receiving children back into her care”).
Additionally, the mother’s recent sobriety and the father’s legal use of
prescription drugs are immaterial if they knowingly engage in conduct that harms
G.H. or their other children. For instance, the parents’ service plans prohibited them
from “knowingly associat[ing] with individuals under the influence of illegal
substances.” Notably, the mother blamed “some friends” for G.H.2’s positive drug
test, but the father implied that he was responsible for exposing G.H.2 to drugs
through his own illegal marihuana use. The mother also tested positive after she
stopped using, which the trial court could reasonably infer was attributable to the
father. Such evidence further substantiated V.N.’s, the Department’s, and the trial
court’s concerns of continued drug exposure if G.H. returned to the care of either
parent. Consequently, the mother’s continued cohabitation with the father and
association with other drug users posed a substantial risk of harm to G.H. 5 See
E.A.R., 583 S.W.3d at 909. Further, and as the supreme court has recently said, all
parents, including the mother here, have an ongoing duty to protect their children,
irrespective of the circumstances. H.S., 2026 WL 1614496, at *11–12.
In this case, the trial court need not have ignored the parents’ cycle of drug
use and exposing their children to drugs simply because they substantially complied
with other service plan requirements—such compliance was insufficient to alleviate
the Department’s and trial court’s concerns for G.H.’s safety under the
circumstances. See In re S.B., No. 11-24-00267-CV, 2025 WL 920044, at *7 (Tex.
App.—Eastland Mar. 27, 2025, no pet.) (mem. op.) (The trial court could consider
5
We recognize the Texas Supreme Court’s recent admonishment to “proceed with particular
caution” in terminating a parent’s rights “based on a spouse’s violence” or other bad acts. H.S., 2026 WL
1614496, at *9 (citing In re A.P., 672 S.W.3d 132, 132–33 (Tex. 2023) (Young, J., concurring)). It is
evident that the Department and trial court did so here, and, as we have discussed in detail, the trial court
terminated the mother’s parental rights based on her independent, intentional acts and omissions.
13
in its best interest analysis “the father’s continued drug abuse after the children’s
removal” and that the mother’s husband had an extensive criminal history.).
Stability and permanence are paramount in raising children. J.A.R., 696
S.W.3d at 257. At the time of the final hearing, G.H. was three. There was no
evidence presented of his desires, but it was undisputed that he had a bond with his
parents. See In re E.J.M., 673 S.W.3d 310, 334 (Tex. App.—San Antonio 2023, no
pet.) (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.); see also
N.J.H., 575 S.W.3d 822, 835 (Tex. App.—Houston [1st Dist.] 2018, pet. denied)
(evidence showing that a young child had bonded with the foster family supported
the trial court’s best interest finding). Nevertheless, the parents failed to demonstrate
their willingness or ability to provide G.H. with a safe, stable, drug-free home
environment. By contrast, the Department’s plan was to place G.H. with V.N. and
R.N., who showed that they could provide G.H. with a stable, safe, and loving home.
It has long been recognized that repeatedly removing children from their
parents’ care and leaving them in a state of impermanence and uncertainty is
detrimental to their physical and emotional well-being. See Lehman v. Lycoming
Cnty. Children’s Servs. Agency, 458 U.S. 502, 513–14 (1982) (“There is little that
can be as detrimental to a child’s sound development as uncertainty over whether he
is to remain . . . under the care of his parents or foster parents, especially when such
uncertainty is prolonged.”). “To ensure that children’s lives are not kept in limbo
while judicial processes crawl forward, the Legislature requires termination
proceedings conclude at the trial level within a year and a half from the date of a
child’s removal from the parent.” In re B.L.D., 113 S.W.3d 340, 353 (Tex. 2003)
(citing FAM. § 263.401). Under the circumstances of this case, G.H.’s need for
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finality and permanency and for protection from the parents’ cycle of drug use and
exposure weigh in favor of terminating their parental rights.
Upon considering the emotional and physical danger to G.H. now and in the
future, G.H.’s emotional and physical needs now and in the future, each parents past
and present substance abuse, the parents’ criminal history, the mother’s history with
the Department, and the parents’ refusal to completely address the issues that caused
the Department’s involvement, we hold that the evidence is legally and factually
sufficient to support the trial court’s findings that termination of each parent’s
parental rights is in G.H.’s best interest. 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 each parent’s sole issue on appeal.
IV. This Court’s Ruling
We affirm the order of the trial court.
W. STACY TROTTER
JUSTICE
July 10, 2026
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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