In the Interest of J.B and B.B., Children v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledSeptember 24, 2026
Docket11-26-00093-CV
StatusPublished
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Full Opinion
Opinion filed September 24, 2026
In The
Eleventh Court of Appeals
__________
No. 11-26-00093-CV
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IN THE INTEREST OF J.B. AND B.B., CHILDREN
On Appeal from the 326th District Court
Taylor County, Texas
Trial Court Cause No. 11476-CX
MEMORANDUM OPINION
In this accelerated appeal, the mother of J.B. and B.B.1 challenges the trial
court’s order that terminated her rights to the children.2 In two issues, Appellant,
the mother, contends that the evidence does not support the trial court’s findings
that: (1) termination of her parental rights is in the children’s best interest; and (2) the
Texas Department of Family and Protective Services (the Department) made
1
To protect the identities of the children, we use pseudonyms or initials to refer to them. See
TEX. R. APP. P. 9.8(b).
2
The trial court also terminated the parental rights of the presumed father. He did not appeal.
reasonable efforts to return the children to the mother prior to the commencement of
the final hearing, but a continuing danger existed in the home that prevented the
return of the children to her. See TEX. FAM. CODE ANN. § 161.001(b)(2), (f), (g)
(West Supp. 2025).
For the reasons discussed below, we affirm the trial court’s order.
I. Termination Findings and Standards
To terminate one’s parental rights, the Department must “clear[] a high bar.”
In re K.N., No. 24-0881, 2026 WL 1614378, at *6 (Tex. June 5, 2026); see also In
re H.S., No. 24-0307, 2026 WL 1614496, at *8–9 (Tex. June 5, 2026). To support
termination, this heightened standard requires that the Department present clear and
convincing evidence that (1) the parent has committed one of the acts listed in
Section 161.001(b)(1), and (2) termination is in the best interest of the children. See
FAM. § 161.001(b). 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.” FAM. § 101.007 (West
2019).
As relevant to this appeal, the trial court found that clear and convincing
evidence established that the mother: (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 mother does not challenge these findings. The trial court further found, among
other things, that termination of the mother’s parental rights is in the children’s best
interest, see id. § 161.001(b)(2), and that the Department made reasonable efforts to
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return the children to the mother, however, a continuing danger existed in the home
that prevented the children’s return to her. See id. § 161.001(f), (g).
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 our 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.’” Id. (quoting In re J.F.C., 96 S.W.3d 256, 266 (Tex.
2002)). Because “the factfinder remains ‘the sole arbiter of the witnesses’ credibility
and demeanor’” under this standard, we may not substitute our judgment for that of
the factfinder. Id. (quoting In re J.F.-G., 627 S.W.3d 304, 312 (Tex. 2021)).
In assessing whether the evidence is factually sufficient to support the finding,
we weigh the disputed evidence that is contrary to the finding against all evidence
that favors it. In re A.C., 560 S.W.3d 624, 631 (Tex. 2018). We give due deference
to the finding, and determine whether, based on the entire record, a factfinder could
have reasonably formed a firm belief or conviction about the truth of the allegations
asserted 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).
II. Background and the Evidence Presented at Trial
Reports were made that the mother and the presumed father had endangered
and neglectfully supervised the children. According to the intake that the
Department received on May 15, 2024, B.B. had been sexually assaulted, and the
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parents were not assuring that B.B. took her ADHD medication. The Department
reported that there was illegal drug use and unsanitary conditions in the home, the
mother had used illegal drugs—heroin, methamphetamine, and cocaine—in the
children’s presence, and the children had tested positive for amphetamine, cocaine
metabolite, and methamphetamine. In addition to the circumstances outlined in the
intake, the children were removed from the mother’s care because she reported to
the Department that she was “dirty [for drugs].” On June 4, 2024, the Department
filed suit to terminate the mother’s and the father’s parental rights, and the
Department was granted temporary managing conservatorship of the children the
same day.
The final hearing commenced on December 1, 2025, and resumed on
January 16, 2026, and February 10, 2026. The mother testified and admitted to a
history of illegal drug use—methamphetamine, heroin, fentanyl, and marihuana—
but claimed that she was “clean” and had ceased using illegal drugs since she
relapsed and overdosed on fentanyl approximately two months before the final
hearing commenced. At the time of the final hearing, she was staying at the Noah
Project, and she conceded that the children were happy with their foster family
placement and that she could not provide the children with a safe and stable home
environment.
The mother testified that, for many months after the children’s removal, she
did not maintain contact with the Department because they refused to allow her to
see the children. She testified that she was currently employed as a Lyft and Uber
driver, attending weekly visitation with the children, had found a three-bedroom
home that she had “a good probability” of securing, and was attending weekly
meetings and group therapy at a methadone clinic.
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The mother claimed that the Department did not refer her to counseling, she
did not submit to a psychological evaluation because the Department’s caseworkers
forgot to refer her, and she did not participate in services because none were provided
to her. But she did complete two psychological referrals and testified that she was
willing to do “anything” to retain her parental rights.
The mother and the father each have a prior conviction for possession of
marihuana. The father used marihuana, cocaine, and methamphetamine in the past.
He admitted that he had several criminal charges pending against him; three charges
for possession of methamphetamine and a charge for tampering with physical
evidence. He denied any history of violence, even though the 108th District Court
of Potter County, in its order that established the father’s parentage of the children,
made findings under Section 153.004(d) that: (1) the father had a history or pattern
of family violence; (2) awarding the father access to the children would endanger
them; and (3) such access would not be in the children’s best interest. See FAM.
§ 153.004(d).
Tammy Allred is a special investigator with the Department, and she is tasked
with locating parents and children who are not maintaining communication with an
assigned Department investigator, which was the circumstance with the mother.
Initial attempts by Department investigators in the Spring of 2024 to locate the
mother were unsuccessful. However, Allred eventually located the mother in May
2024; at the time, the mother and the children were living with a “friend.” Despite
the Department’s requests, the mother would not provide her friend’s address so the
Department could visit with her and the children because her friend did not want her
“to allow CPS in the house.”
Department investigator Victoria Melissa Mason was assigned the intake for
the children’s case. After unsuccessful attempts to contact the mother, Mason
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notified the Abilene Police Department. During her investigation, Mason spoke with
personnel at the children’s school and various friends and family members of the
mother, all of whom expressed concern that the mother was using heroin and being
untruthful with the Department about her and the children’s circumstances and
location. Mason eventually made contact with the mother who admitted using
methamphetamine and marihuana. The father answered Mason’s phone call once
but never contacted her thereafter.
The mother and the father were requested to submit to drug testing throughout
the duration of the case, but their hair follicle samples were never clean. In June
2024, the mother’s hair follicle tested positive for amphetamines, cocaine,
methamphetamine, marihuana, heroin, codeine, and hydrocodone. At the same time,
B.B. tested positive for amphetamine, cocaine metabolite, and methamphetamine;
J.B. was positive for amphetamine and methamphetamine. The mother’s
October 14, 2024, hair follicle test was positive for cocaine and marihuana and her
urinalysis (UA) on the same date was positive for amphetamine, methamphetamine,
alprazolam, and marihuana. Her August 11, 2025, hair follicle test and UA were
positive for methamphetamine, amphetamine, and marihuana; her November 2025
hair follicle test was positive for methamphetamine and marihuana, and her UA on
the same day was positive for methadone. The father’s May 2025 UA was positive
for marihuana, his July 2025 nail bed test was positive for amphetamine and
methamphetamine, and for his last test in September, he tested positive for
marihuana.
Mason testified that the Department had investigated the mother and the father
several times since 2015, and, before this case was filed, the children had twice been
removed from their care. In both instances, the parents were offered services. As
for the efforts that Mason made to avoid the children’s removal this time, she
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(1) attempted a Parental Child Safety Placement, (2) completed multiple searches to
determine if any of the mother’s family members or friends would be suitable for
placement, and (3) discussed viable placement options with the mother.
Vanessa Gott is the children’s 2INgage permanency case manager. Gott also
described the efforts that the Department made to reunify the children and the mother
through referrals for services, drug testing, visitation, and assistance with
transportation. A service plan was implemented for the mother that was adopted as
an order of the trial court. Although the mother completed some services (a drug
abuse assessment and a ninety-day rehab stint at GreenTree rehabilitation in October
2024), she admitted to Gott in June 2025 that she was injecting methamphetamine
intravenously and had to be readmitted to GreenTree; she eventually left without
completing the treatment program. She also went to Serenity House but only stayed
until “she was 11 days clean” because “she felt she was at a good point that she did
not need to continue treatment.” She advised Gott that she was attending counseling
and pursuing medical detox through a methadone clinic. Despite this, Gott said that
the mother was not testing when required.
Gott attempted to schedule a follow-up psychological evaluation for the
mother, but this did not occur because the mother refused to sign a release of
information. While the final hearing was ongoing and before it concluded, the
mother submitted to another hair follicle test on January 19, 2026, the results of
which were positive for methamphetamine at a level that was almost twenty times
higher than the results from her November 2025 test. Although the father testified
that he knew that the mother used drugs, as did others who were in the house with
the children, the mother claimed that her January 2026 hair follicle test was positive
because she was “homeless for a minute” and living with people who used
methamphetamine “so [she] was exposed to it. [Her] hair was exposed to it.” The
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mother was referred for another hair follicle test on February 2, but she refused to
participate, stating, “[the Department] took my visits away from me, so I said I’m
not going to take a drug test because I can’t see my kids.”
Gott provided the mother with transportation to the methadone clinic, to
obtain clothing, and to Living Care Ministries, and arranged visitation for her with
the children. Despite this, the Department had continuing concerns that the mother
was under the influence of illegal drugs during a December 21 visitation session.
After investigating the backgrounds of the mother’s and the father’s families and
friends that they suggested would be appropriate placements for the children, the
Department determined that none of them were suitable placement options because
they either declined, had histories of illegal drug use, and/or had negative histories
with the Department, law enforcement, or both.
Gott testified that the children were eleven and twelve and were placed with
a foster family who was willing to adopt them if the parents’ rights were terminated.
She testified that the children were doing well and enjoyed being with their foster
family. On occasion, J.B. would be aggressive with B.B. and there was an incident
at Walmart where the children were accused of not scanning certain items during
checkout. However, Gott testified that the children had bonded with their foster
family, they desired to remain with them, and the home environment there was safe
and stable. The foster family made efforts to arrange therapy for J.B. to address his
behavioral issues. And B.B. was excelling in school and J.B. was receiving tutoring.
Gott recommended that the mother’s rights be terminated because: (1) the
children had been in foster care three times and they were very happy and had
bonded with their current foster family; (2) the children were exposed to domestic
violence, sexual abuse, and illegal drug use while in the mother’s and the father’s
care; (3) the children tested positive for illegal drugs; and (4) the children were in a
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safe and stable environment with their foster family and had some “normalcy” for
the first time in their lives.
Brooke Schubert, the Court Appointed Special Advocate (CASA) for the
children, recommended the children’s removal because: (1) during the twenty-one
months that this case was pending, neither the mother nor the father were willing or
demonstrated that they could provide a safe and stable environment for the children;
(2) the children were extremely happy with and were cared for by their foster family
and were receiving the educational, psychological, mental support, and services they
needed; and (3) the children would probably “be relieved” if the mother’s parental
rights were terminated because they can see her when they are “older than 18.”
Schubert asked the children: “[O]n a scale of one to ten how safe do you feel, how
happy do you feel, and they both [said] a 10 on both scales.” According to Schubert,
the foster family connected the children with their extended family, and the children
have friends and neighbors.
After the final hearing concluded, the trial court announced that it intended to
take this matter under advisement. However, before the proceedings adjourned, it
stated: “And I will . . . note for the record that the Court finds the testimony of [the
mother and the father] throughout the duration of this trial to be mostly not credible.”
We note that the trial court, as the factfinder here, may disregard portions of
the parents’ testimony that it found not to be credible. See In re M.A., No. 11-26-
00054-CV, 2026 WL 2339171, at *10 (Tex. App.—Eastland Aug. 13, 2026, no
pet. h.) (citing In re H.R.M., 209 S.W.3d 105, 109 (Tex. 2006)). The trial court
subsequently terminated the mother’s parental rights and found (1) termination to be
in the children’s best interest, and (2) that the Department made reasonable efforts
to return the children to the mother, however, a continuing danger existed in the
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home that prevented the children’s return to her. See FAM. § 161.001(b)(1)(D), (E),
(b)(2), (f), (g). This appeal followed.
III. The Best Interest of the Children
In her second issue, the mother 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. “‘[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 v. Adams,
544 S.W.2d 367, 371–72 (Tex. 1976)). Because the trial court, as the factfinder in
this case, was the sole judge of the witnesses’ credibility, we will not disturb its
determinations so long as they are not unreasonable. J.F.-G., 627 S.W.3d at 312;
In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005).
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.). In fact, evidence of each Holley factor is not
required to support a best interest finding. C.H., 89 S.W.3d at 27–28; J.S., 687
S.W.3d at 547–48; In re S.R., 452 S.W.3d 351, 366 (Tex. App.—Houston [14th
Dist.] 2014, pet. denied). Nevertheless, courts may use the non-exhaustive Holley
factors to shape their analysis. Holley, 544 S.W.2d at 371–72. 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
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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.
Because the best interest of the children is always the paramount
consideration, 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.)). To support a best interest finding, the Department is
not required to prove each Holley factor; in some circumstances, evidence 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; J.S., 687 S.W.3d at 547–48; C.J.O., 325 S.W.3d at 266; see
also H.S., 2026 WL 1614496, at *9 (Although the heightened standard of appellate
review applies to both the grounds for termination and the best interest analysis,
evidence that supports a finding under subsection (b)(1) “may also be, and indeed
often is, relevant to best interest under [s]ubsection (b)(2).”). Thus, the absence 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.
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
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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. J.S., 687
S.W.3d at 548; In re J.D., 436 S.W.3d 105, 118 (Tex. App.—Houston [14th Dist.]
2014, no pet.). Moreover, the factfinder may infer from a parent’s past inability to
meet the children’s physical and emotional needs an inability or unwillingness to
meet the children’s physical and emotional needs in the future. J.S., 687 S.W.3d at
548; J.D., 436 S.W.3d at 118.
A parent’s pattern of substance abuse “implicates most of the Holley factors,”
In re E.D., 682 S.W.3d 595, 607 (Tex. App.—Houston [1st Dist.] 2023, pet. denied),
and can support a best interest finding because of the “attendant risks to employment,
housing, and prolonged absence from the children.” In re R.R.A., 687 S.W.3d 269,
279–81 (Tex. 2024) (A parent’s pattern of drug use may pose a danger to a child’s
physical or emotional well-being.); 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.). Notably, a
parent’s use of “so-called hard drugs” such as methamphetamine is treated
differently than the use of “less destructive ones” like marihuana. E.D., 682 S.W.3d
at 608.
In this case, the mother’s endangerment of the children and disregard for their
health and safety permitted the inference that she is unable to meet the physical and
emotional needs of the children in the future. See In re U.G.G., 573 S.W.3d 391,
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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.”); see also In re S.B., 597 S.W.3d
571, 584 (Tex. App.—Amarillo 2020, pet. denied) (“Neglect can be as dangerous to
the children’s well-being as direct physical abuse.”). Because of the mother’s
neglect, the children were subjected to persistent exposure to illegal drug use. As
we have held, persistent drug use by parents poses infinite potential dangers to their
children, and the possibility that the parents may be impaired or later imprisoned. In
re C.M., 11-24-00009-CV, 2024 WL 3187335, at *5 (Tex. App.—Eastland June 27,
2024, no pet.) (mem. op.) (citing J.S., 687 S.W.3d at 551); In re S.B., No. 11-24-
00267-CV, 2025 WL 920044, at *6 (Tex. App.—Eastland Mar. 27, 2025, pet.
denied) (mem. op.). Thus, a parent’s continuing pattern of illegal drug use may
support a best interest finding. S.B., 2025 WL 920044, at *6 (collecting cases).
Contrary to the mother’s vehement denial of illegal drug use, her hair follicle
test results were consistently positive for illegal drugs, including amphetamine,
cocaine metabolites, marihuana, heroin, and methamphetamine. She admitted to
overdosing on fentanyl in September 2025. Further, her last hair follicle test on
January 19, 2026, was positive for methamphetamine at a level nearly twenty times
higher than the results from her November 2025 hair follicle test. The children were
drug tested after removal and B.B. was positive for amphetamine, cocaine
metabolite, and methamphetamine, and J.B. was positive for amphetamine and
methamphetamine. Thus, the trial court could have reasonably found, based on the
mother’s history of positive drug test results, that she used methamphetamine in the
months before the final hearing commenced and while the final hearing was
ongoing. Indeed, the mother’s decision to engage in illegal drug use during the
pendency of the underlying termination suit, when she was at risk of losing her
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children, supports the trial court’s best interest finding. J.S., 687 S.W.3d at 551
(citing In re A.M., 495 S.W.3d 573, 580 (Tex. App.—Houston [1st Dist.] 2016, pet.
denied)).
Nevertheless, there are other considerations. A parent’s failure to comply
with a court-ordered service plan for reunification may also be considered in the trial
court’s best interest determination. In re E.C.R., 402 S.W.3d 239, 249–50 (Tex.
2013); C.M., 2024 WL 3187335, at *6 (collecting cases). According to the mother,
she was making every effort to be “clean” and improve her parenting skills.
However, and despite the Department’s attempts to accomplish reunification, the
evidence we have outlined above dispels her contention. Moreover, evidence of
improved conduct, especially of short duration, does not negate the probative value
of a parent’s long history of drug abuse and irresponsible choices, and, alone, is not
sufficient to avoid termination of one’s parental rights. J.O.A., 283 S.W.3d 346;
M.A., 2026 WL 2339171, at *13; see also In re A.H., 679 S.W.3d 817, 830 (Tex.
App.—El Paso 2023, pet. denied) (The mother’s voluntary admission to an inpatient
program after removal did not counteract her history of relapses and “pattern of
decline upon receiving [the] children back into her care.”). And as we have said, the
trial court need not discount the mother’s lack of stability simply because she
complied with some of her service plan requirements—here, such compliance was
insufficient to alleviate the Department’s and the trial court’s concerns for the
children’s safety. See In re G.H., No. 11-26-00012-CV, 2026 WL 1992098, at *7
(Tex. App.—Eastland July 10, 2026, pet. denied) (mem. op.); see also In re J.W.,
645 S.W.3d 726, 742 (Tex. 2022) (considering the parent’s unstable and uncertain
living situation in upholding the trial court’s best interest finding).
It cannot be ignored that, while under the mother’s care, the children endured
three removals, several foster-care placements, and the mother’s stints in various
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residential treatment centers. This history only emphasizes the necessity to focus on
the children’s emotional well-being and needs, which, unlike the mother, the
children’s foster family is and has been addressing. J.S., 687 S.W.3d at 554. Further,
the Department had investigated circumstances involving the mother and the father
since 2015. A parent’s history with the Department and their refusal or inability to
address the issues that caused the Department’s concerns and years of involvement
weighs in favor of termination. See In re A.D., No. 11-25-00383-CV, 2026
WL 1752038, at *5–6 (Tex. App.—Eastland June 18, 2026, no pet.) (mem. op.); see
also In re J.A.R., 696 S.W.3d 245, 257 (Tex. App.—Houston [14th Dist.] 2024, pet.
denied) (A parent’s years of illegal drug use, criminal history, and history with the
Department supported the trial court’s best interest finding.); J.S., 687 S.W.3d at 552
(The factfinder may consider a parent’s prior history with the Department.).
In addition to the considerations that we have already discussed, the mother’s
plans for herself and the children were ill-defined. See U.G.G., 573 S.W.3d at 402
(“The fact finder may compare the parent’s and the Department’s plans for the
child[ren] and determine whether the plans and expectations of each party are
realistic or weak and ill-defined.”). Although she claims to have the possibility of
securing a three-bedroom home for her and the children in the hopes of achieving
stability, she instead has relapsed repeatedly and in turn blamed the high level of
methamphetamine that was detected from her January 19, 2026, hair follicle test on
being homeless and in the presence of others who use methamphetamine.
Regardless of the circumstance, neither is acceptable. Further, during the pendency
of the final hearing, the mother was either homeless or living at the Noah Project
and had not secured a stable home as she claimed. Thus, the trial court could have
reasonably concluded that the mother failed to demonstrate her ability to provide the
children with a safe, stable, drug-free home environment, and that her behavior
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would not change in the future. When compared to the Department’s plan for the
children—to be adopted into a safe and stable home environment by a family with
whom they have bonded—this factor weighs heavily in favor of termination. See
Holley, 544 S.W.2d at 371–72; J.A.R., 696 S.W.3d at 257 (“Stability and
permanence are paramount in the upbringing of children.”).
Finally, we recognize that the children have stated that, although they are very
happy and wish to remain with their foster family, they would prefer that their
mother’s rights not be terminated. But they understand that this result was
inevitable. While we do not ignore a child’s desires, it is only one factor that we
consider in the overall best interest analysis. J.S., 687 S.W.3d at 553 (citing Holley,
544 S.W.2d at 372). And although a child’s desires or wishes for residing with a
parent is an important consideration in determining the children’s best interest, “it
cannot override or outweigh evidence of danger to the child.” Id. (quoting In re
F.M.E.A.F., 572 S.W.3d 716, 732 (Tex. App.—Houston [14th Dist.] 2019, pet.
denied)); In re A.M., No. 11-25-00253-CV, 2026 WL 545550, at *8 (Tex. App.—
Eastland Feb. 27, 2026, no pet.) (mem. op.). Thus, given the mother’s conduct that
endangered her children, and the children’s needs and desires for a safe and stable
environment, this factor does not weigh against the trial court’s finding of
termination.
In this case, the evidence demonstrates the children’s bond and attachment to
their foster family, who have provided a safe, stable, and caring home and
environment for them, while also meeting their physical and emotional needs, which
included protecting the children from illegal drug exposure and users. And though
we do not discount the children’s desires, we conclude that the trial court could have
rationally found that preserving the mother’s parental rights is not in the children’s
best interest. Therefore, upon considering the evidence as it relates to the mother’s
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actions and inactions, the emotional or physical danger to the children now and in
the future, the emotional and physical needs of the children now and in the future,
the mother’s lack of demonstrable parental abilities and stability, her prior and
ongoing illegal drug use, and the Department’s plans for the children, we hold that
the evidence is legally and factually sufficient to support the trial court’s finding that
termination of the mother’s parental rights is in the children’s best interest.
Accordingly, we overrule the mother’s second issue.
IV. Sections 161.001(f) and (g): Reasonable Efforts and Continuing Danger
In the mother’s first issue, she challenges the trial court’s finding that the
Department made reasonable efforts to return the children to her before the
commencement of the final hearing, but a continuing danger remained in her home
that prevented their return to her. See FAM. § 161.001(f).
Pursuant to Section 161.001(f), the trial court may not terminate the parent-
child relationship unless:
[T]he [trial] court finds by clear and convincing evidence . . . that . . .
the [D]epartment made reasonable efforts to return the child[ren] to the
parent before commencement of a trial on the merits and despite those
reasonable efforts, a continuing danger remains in the home that
prevents the return of the child[ren] to the parent.
FAM. § 161.001(f)(1).
Enacted in 2023, subsection (f) imports the phrase “reasonable efforts to
return the child to the parent” from Section 161.001(b)(1)(N), the “constructive
abandonment” statutory termination ground. See FAM. § 161.001(b)(1)(N), (f); In
re M.N.M., 708 S.W.3d 321, 328 (Tex. App.—Eastland 2025, pet. denied).
Consistent with the prevailing judicial interpretation of that phrase, the Department’s
implementation of a family service plan is generally considered a reasonable effort
to return the child to a parent. D.F. v. Tex. Dep’t of Fam. & Protective Servs., 731
S.W.3d 726, 742 (Tex. App.—Austin 2026, no pet.); M.N.M., 708 S.W.3d at 329
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(collecting cases); see also In re T.R., No. 01-25-00924-CV, 2026 WL 958570, at
*11–12 (Tex. App.—Houston [1st Dist.] Apr. 9, 2026, pet. filed); In re H.B.S.,
No. 12-26-00007-CV, 2026 WL 960744, at *5–6 (Tex. App.—Tyler Apr. 8, 2026,
pet. denied) (mem. op.). However, evidence of a service plan is not absolutely
required nor is it the exclusive means of establishing the Department’s reasonable
efforts to return the child. M.N.M., 708 S.W.3d at 329 (collecting cases). Instead,
the pertinent inquiry “is whether the Department made reasonable efforts, not ideal
efforts.” Id. (quoting In re J.A., No. 04-20-00242-CV, 2020 WL 5027663, at *2
(Tex. App.—San Antonio Aug. 26, 2020, no pet.) (mem. op.)); In re J.H., No. 01-
25-00854-CV, 2026 WL 968923, at *15 (Tex. App.—Houston [1st Dist.] Apr. 10,
2026, no pet. h.) (mem. op.).
Here, the Department’s efforts at reunification are well documented and
supported by the evidence. As Mason and Gott explained, the Department:
(1) implemented a service plan for the mother; (2) offered and provided her with
referrals for the required services (which she only either partially completed or
refused to participate in); (3) arranged parent-child visitation for her with the
children; (4) scheduled drug testing (which she often refused even when required);
(5) contacted over a dozen friends and relatives of the mother to assess their
suitability for the children’s placement (none of which were determined to be
appropriate or suitable because they had either Department, criminal, and/or drug
use histories and the mother presented no evidence to the contrary as to their alleged
suitability); and (6) assisted her with transportation for her various needs. Thus, the
trial court, as the factfinder, could have reasonably found that the Department made
reasonable efforts to return the children to the mother, which is all that the statute
requires. See D.F., 731 S.W.3d at 742–43 (collecting cases); M.N.M., 708 S.W.3d
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at 332–33; In re C.L., No. 06-26-00068-CV, 2026 WL 2661103, at *7 (Tex. App.—
Texarkana Sept. 10, 2026, no pet. h.) (mem. op.).
Further, the trial court was entitled to credit the undisputed evidence of the
mother’s positive hair follicle test results in November 2025—before the final
termination hearing commenced—and on January 19, 2026—before the final
termination concluded. We, as an appellate court, have no basis to overturn or
question the trial court’s credibility determinations that are supported by the record.
See K.N., 2026 WL 1614378, at *8 n.2; see also In re D.K., 696 S.W.3d 787, 796
(Tex. App.—Eastland 2024, no pet.) (The law recognizes the factfinder’s unique
position to observe and sense the credibility and demeanor of witnesses.). Thus, the
trial court was permitted to disbelieve the mother’s denial of continuing illegal drug
use and consider her positive drug test results in determining that a continuing
danger existed in her home that prevented the children’s return to her. See T.R.,
2026 WL 958570, at *15.
Accordingly, we overrule the mother’s first issue.
V. This Court’s Ruling
We affirm the order of the trial court.
W. STACY TROTTER
JUSTICE
September 24, 2026
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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