In the Interest of J.O.S. Jr. and A.M., Children v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledOctober 30, 2026
Docket04-26-00385-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00385-CV
IN THE INTEREST OF J.O.S. JR. and A.M., Children
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2025-PA-00534
Honorable Charles E. Montemayor, Judge Presiding
Opinion by: Lori I. Valenzuela, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
Adrian A. Spears II, Justice
Delivered and Filed: October 30, 2026
AFFIRMED
Appellant S.R. (“Mother”) appeals the trial court’s order terminating her parental rights to
her children, J.O.S. Jr. (born 2020) and A.M. (born 2024). 1 Mother argues the evidence is legally
and factually insufficient to support the trial court’s termination findings under Texas Family Code
section 161.001(b)(1)(D), (E), and (Q) and its finding that termination was in the children’s best
interest. She also argues the trial court abused its discretion by appointing the Texas Department
of Family and Protective Services (the “Department”) as A.M.’s managing conservator. We affirm
the termination order.
1
To protect the privacy of the minor children, we use initials or pseudonyms to refer to the children, their biological
parents, and A.M.’s foster parent. TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
04-26-00385-CV
BACKGROUND
In December of 2024, shortly after A.M.’s birth, the Department opened a family-based
case because it received a report that Mother and A.M. tested positive for methamphetamines.
Mother had prior history with the Department involving drug usage, and the Department’s records
showed J.O.S. Jr. had also been exposed to drugs prior to his birth. The Department’s family-based
safety plan required Mother’s contact with the children to be supervised by either J.O.S. Jr.’s
father, J.O.S. Sr., or by Brian Monreal, the then-boyfriend of Mother’s adult daughter, Monserat
Martinez. At that time, A.M. lived with Brian and Monserat. J.O.S. Jr. lived with J.O.S. Sr., but he
stayed with Brian and Monserat while J.O.S. Sr. was at work. Mother testified that she frequently
visited the children at Brian and Monserat’s home but did not live with them.
On March 25, 2025, the Department removed the children from Brian and Monserat’s
home because “the safety plan was broken under [their] care” and the Department believed the
home was unsafe. Mother was present during the removal, and a Department supervisor testified
that she “was getting very aggressive,” appeared to be under the influence, and refused a drug test.
The Department obtained temporary managing conservatorship over the children, placed
them in foster care, and filed a petition to terminate the parental rights of Mother, J.O.S. Sr., and
A.M.’s father, L.M. A.M., who was three months old at the time of removal and sixteen months
old at the time of trial, remained in the same foster care placement throughout this case. Four-year-
old J.O.S. Jr. was initially placed in the same foster home, but he “became physical and dangerous
around [the foster family’s] other children” and was eventually admitted to Clarity, “a mental
health institute for adolescents.” After being released from Clarity, J.O.S. Jr. moved to a treatment
home, then to a second foster home, and finally back into J.O.S. Sr.’s home, where he remained at
the time of trial.
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By the time of trial, the Department sought to permanently reunify J.O.S. Jr. and J.O.S. Sr.
and to terminate Mother’s and L.M.’s parental rights. On March 6, 2026, March 30, 2026, and
April 20, 2026, the trial court held a bench trial at which Mother appeared. The trial court heard
testimony from nine witnesses: (1) a Department family-based caseworker, Ernesto Hernandez;
(2) a Department family-based supervisor, Angela Orta; (3) Mother; (4) San Antonio Police
Department Detective Robert Ramos, Jr.; (5) Department investigator Natasha Mata; (6) Mother’s
former therapist, Delilah Martinez; (7) foster parent K.D.G.; (8) conservatorship caseworker
Rebecca Quiroga; and (9) Mother’s 20-year-old daughter, Monserat Martinez. During the trial,
L.M. executed an affidavit voluntarily relinquishing his parental rights to A.M., and the trial court
terminated his parental rights on that basis. 2
After hearing the evidence, the trial court signed an order finding that termination of
Mother’s parental rights was justified by Texas Family Code section 161.001(b)(1)(D), (E), and
(Q) and was in the best interest of the children. The trial court appointed J.O.S. Sr. as managing
conservator for J.O.S. Jr. and the Department as managing conservator for A.M. Mother timely
filed this appeal.
ANALYSIS
Applicable Law and Standard of Review
The involuntary termination of a natural parent’s rights implicates fundamental
constitutional rights and “divests the parent and child of all legal rights, privileges, duties, and
powers normally existing between them, except for the child’s right to inherit from the parent.” In
re S.J.R.-Z., 537 S.W.3d 677, 683 (Tex. App.—San Antonio 2017, pet. denied) (internal quotation
marks omitted). “As a result, appellate courts must strictly scrutinize involuntary termination
2
L.M. is not a party to this appeal.
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proceedings in favor of the parent.” Id. The Department had the burden to prove, by clear and
convincing evidence, both that a statutory ground existed to terminate Mother’s parental rights and
that termination was in the children’s best interest. Id.; TEX. FAM. CODE § 161.206. “‘Clear and
convincing evidence’ means 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.”
TEX. FAM. CODE § 101.007.
When reviewing the sufficiency of the evidence supporting a trial court’s order of
termination, we apply well-established standards of review. See In re J.F.C., 96 S.W.3d 256, 263–
64 (Tex. 2002). In reviewing the legal sufficiency of the evidence to support the trial court’s
findings, we look “at all the evidence in the light most favorable to the finding to determine
whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was
true.” In re J.O.A., 283 S.W.3d 336, 344 (Tex. 2009) (citation omitted). In reviewing the factual
sufficiency of the evidence, we consider disputed or conflicting evidence. Id. at 345. A factual
sufficiency review requires us to consider the entire record to determine whether the evidence that
is contrary to a finding would prevent a reasonable factfinder from forming a firm belief or
conviction that the finding is true. See id. The factfinder is the sole judge of the weight and
credibility of the evidence. Id. at 346.
Statutory Termination Grounds
Applicable Law
In her first issue on appeal, Mother challenges the legal and factual sufficiency of the
evidence to support the trial court’s predicate findings under subsections (D), (E), and (Q). TEX.
FAM. CODE § 161.001(b)(1)(D), (E), (Q). In general, assuming a best interest finding, only one
predicate ground under section 161.001(b)(1) is necessary to support a judgment of termination.
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In re A.V., 113 S.W.3d 355, 362 (Tex. 2003). However, because termination under subsections (D)
or (E) may have implications for a parent’s rights to other children, appellate courts must address
a parent’s challenges to a trial court’s findings under those subsections. In re N.G., 577 S.W.3d
230, 236–37 (Tex. 2019) (per curiam). “Because the evidence pertaining to subsections
161.001[(b)](1)(D) and (E) [is] interrelated, we conduct a consolidated review.” In re T.N.S., 230
S.W.3d 434, 439 (Tex. App.—San Antonio 2007, no pet.).
“Endangerment means to expose to loss or injury, to jeopardize.” In re J.T.G., 121 S.W.3d
117, 125 (Tex. App.—Fort Worth 2003, no pet.). Subsection (D) allows a trial court to terminate
parental rights if it finds by clear and convincing evidence that the parent has “knowingly placed
or knowingly allowed the child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child.” TEX. FAM. CODE § 161.001(b)(1)(D). Under
subsection (D), the trial court examines “evidence related to the environment of the children to
determine if the environment was the source of endangerment to the children’s physical or
emotional well-being.” In re J.T.G., 121 S.W.3d at 125. “‘Environment’ refers to the acceptability
of living conditions, as well as a parent’s conduct in the home.” In re S.R., 452 S.W.3d 351, 360
(Tex. App.—Houston [14th Dist.] 2014, pet. denied). “A child is endangered when the
environment creates a potential for danger that the parent is aware of but consciously disregards.”
Id. A parent does not need to know for certain that the child is in an endangering environment. In
re R.S.-T., 522 S.W.3d 92, 109 (Tex. App.—San Antonio 2017, no pet.). Awareness of a potential
for danger is sufficient. Id. In a subsection (D) analysis, the relevant period for review is before
the Department removes the child. In re J.R., 171 S.W.3d 558, 569 (Tex. App.—Houston [14th
Dist.] 2005, no pet.).
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Subsection (E) allows a trial court to terminate a parent’s rights if it finds by clear and
convincing evidence that the parent “engaged in conduct or knowingly placed the child with
persons who engaged in conduct which endangers the physical or emotional well-being of the
child.” TEX. FAM. CODE § 161.001(b)(1)(E). Under subsection (E), the trial court determines
whether there is evidence that a parent’s acts, omissions, or failures to act endangered the child’s
physical or emotional well-being. See In re J.T.G., 121 S.W.3d at 125. “It is not necessary that the
parent’s conduct be directed at the child or that the child actually be injured; rather, a child is
endangered when the environment or the parent’s course of conduct creates a potential for danger
which the parent is aware of but disregards.” In re R.S.-T., 522 S.W.3d at 110 (internal quotation
marks omitted).
In a subsection (E) analysis, the relevant period for review is broader than that involved in
subsection (D). A trial court conducting a subsection (E) analysis may consider actions that
occurred before the child’s birth, and in some cases may consider actions that occurred while the
child was not in the parent’s presence and while the child was in the Department’s custody. In re
M.H., No. 02-24-00426-CV, 2024 WL 5083193, at *4 (Tex. App.—Fort Worth Dec. 12, 2024, no
pet.) (mem. op.); see also In re J.O.A., 283 S.W.3d at 345. “Such actions are relevant because they
may create an inference that similar conduct could recur and further jeopardize a child’s well-
being.” In re M.H., 2024 WL 5083193, at *4 (internal quotation marks omitted). “The specific
danger to the child’s well-being need not be established as an independent proposition, but may
be inferred from parental misconduct.” In re E.J.M., 673 S.W.3d 310, 331 (Tex. App.—San
Antonio 2023, no pet.) (op. on reh’g) (internal quotation marks omitted).
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Application
Under subsection (D), “a single pre-removal act, omission, or incident can support
termination.” In re A.O., No. 02-21-00376-CV, 2022 WL 1257384, at *9 (Tex. App.—Fort Worth
Apr. 28, 2022, pet. denied) (mem. op.). Here, it was undisputed that Mother used
methamphetamines while she was pregnant with A.M., and both she and A.M. tested positive for
methamphetamines when A.M. was born. 3 The trial court also heard evidence that J.O.S. Jr. was
exposed to drugs before he was born, although the drug in question was not identified. A mother’s
drug use during pregnancy can constitute endangerment of the fetus. See, e.g., In re M.K.V., 648
S.W.3d 478, 486 (Tex. App.—San Antonio 2021, no pet.); In re A.B.R., No. 04-19-00631-CV,
2020 WL 1159043, at *4 (Tex. App.—San Antonio Mar. 11, 2020, pet. denied) (mem. op.); In re
T.N.S., 230 S.W.3d at 438–39. The trial court could have rationally concluded that the children’s
pre-birth drug exposure supported a subsection (D) finding.
Unlike subsection (D), subsection (E) requires evidence of a voluntary and deliberate
endangering course of conduct rather than a single act or omission. See, e.g., In re F.S.F., No. 04-
24-00125-CV, 2024 WL 3800662, at *2 (Tex. App.—San Antonio Aug. 14, 2024, no pet.) (mem.
op.). “Subsection (E) is not limited to actions directed towards the child . . . nor is it limited to the
parent’s pre-removal actions.” In re A.O., 2022 WL 1257384, at *9 (internal quotation marks and
citations omitted).
“As a general rule, conduct that subjects a child to a life of uncertainty and instability
endangers the physical and emotional well-being of a child.” In re R.W., 129 S.W.3d 732, 739
(Tex. App.—Fort Worth 2004, pet. denied). Here, on the day before the termination trial began,
3
When the Department asked Mother how frequently she used drugs during her pregnancy, she invoked her Fifth
Amendment right against self-incrimination. The trial court was permitted to make a negative inference based on that
invocation. See In re I.R.Z., No. 14-22-00431-CV, 2022 WL 17491941, at *5 (Tex. App.—Houston [14th Dist.] Dec.
8, 2022, pet. denied) (mem. op.).
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Mother was indicted on multiple counts of child endangerment. Detective Ramos, who
investigated the criminal case, testified that the charges were based on “multiple instances where
the children were exposed to methamphetamines,” including the evidence about the children’s
drug exposure before birth. Both children also tested positive for methamphetamines ten days after
they were removed.
Additionally, A.M. tested positive for benzodiazepines during this case after a parent-child
visit with Mother. See In re N.T., No. 02-24-00067-CV, 2024 WL 2066375, at *5 (Tex. App.—
Fort Worth May 9, 2024, no pet.) (mem. op.) (considering similar evidence in subsection (E)
review). A.M. was drug-tested at that time because her daycare reported that she showed symptoms
of shaking, lethargy, and fever. J.O.S. Jr. showed similar symptoms after the same parent-child
visit, but his drug test was negative. Mother argues on appeal that she did not test positive for
benzodiazepines, that there is no evidence to connect her to A.M.’s exposure to benzodiazepines,
and that the Department’s “investigation for this incident was inconclusive with a finding of
‘unable to determine.’” However, A.M.’s foster mother, K.D.G., testified that as far as she could
tell, that exposure happened during a visit with Mother because A.M. “left perfectly fine and
returned very different.” Moreover, when Mother was asked, “So the only drug exposure of these
children would have been from you, correct?” she responded, “I think so.” Finally, the record
shows that Mother did not submit to a drug test until two months after A.M.’s benzodiazepine
exposure.
The Department presented evidence that when it removed the children, they were dirty and
in “[b]ad” condition. K.D.G. testified that when A.M. arrived in their home, the child “wasn’t
really there. Like, she wasn’t making eye contact, she wouldn’t track you, she wouldn’t cry, she
just layed [sic] there. And she was dirty as well. They [A.M. and J.O.S. Jr.] both smelled stale, like
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sweat.” J.O.S. Jr. “wasn’t potty trained, he didn’t know how to use silverware, he didn’t know his
name[.] . . . He was very detached from everything. He would just scream and cry and throw things
and want to break things.” K.D.G. testified that doctors who evaluated J.O.S. Jr. believed “his
behaviors were due to most likely drug exposure and extreme neglect.”
Department supervisor Orta testified that based on her review of Mother’s history with the
Department, it was fair to say Mother had had issues with drug use and instability for at least the
last five to ten years. Mother admitted that before the children were removed, she sometimes
visited them while she was high. See, e.g., In re J.C.P.L., No. 01-24-00723-CV, 2025 WL 757159,
at *5 (Tex. App.—Houston [1st Dist.] Mar. 11, 2025, pet. denied) (mem. op.). (“Evidence of a
parent’s illegal drug use may support termination under Subsection (E).”). She also testified that
she continued using methamphetamines after the implementation of the family-based case. We
note that Mother testified that she never used drugs around the children, and she told the trial court
that she believed the children tested positive because she had methamphetamine residue on her
hands or clothes. However, she told the Department during this case that “[s]he believed that the
children’s hair follicle tests were fake.” See In re L.M., 572 S.W.3d 823, 835 (Tex. App.—Houston
[14th Dist.] 2019, no pet.) (considering parent’s minimization of drug-related concerns in
subsection (E) analysis).
The trial court also heard evidence that Mother allowed L.M. to move into her home during
this case after he was released from jail. Mother’s therapist testified that she found this concerning
because Mother “had reported to [her] before that [L.M.] was the person who would have, in the
past, suppl[ied] her with” illegal drugs. See In re S.V., No. 02-23-00188-CV, 2023 WL 5967890,
at *8–9 (Tex. App.—Fort Worth Sept. 14, 2023, no pet.) (mem. op.) (noting during a subsection
(E) analysis that drug arrest of parent’s live-in girlfriend was evidence that “both drugs and drug
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users were finding their way into the children’s home”). The therapist also testified that Mother
“was very reluctant to ask [L.M.] to leave the home and that was very concerning.” Caseworker
Quiroga testified that based on what she had observed, she believed Mother and L.M. remained
together even after Mother said they had split up. Quiroga also testified that Mother did not exclude
L.M. from the residence after he tested positive for methamphetamines, adding that Mother
declared those test results were “false” and tried to find excuses for L.M.’s positive test result. See
In re K.K.D.B., No. 14-17-00302-CV, 2017 WL 4440546, at *9 (Tex. App.—Houston [14th Dist.]
Oct. 5, 2017, pet. denied) (mem. op.) (“A parent endangers her child by accepting endangering
conduct of other people.”).
Mother presented evidence that she had been sober for several months by the time of trial.
Furthermore, both she and Monserat testified that L.M. moved out of Mother’s home between the
second and third days of trial. But the Texas Supreme Court has recognized that “evidence of
improved conduct, especially of short-duration, does not conclusively negate the probative value
of a long history of drug use and irresponsible choices.” In re J.O.A., 283 S.W.3d at 346. As
Quiroga explained:
[T]he Department acknowledges her six months of compliance, partial compliance,
and acknowledges her negative drug tests. We do acknowledge that. However, we
don’t just look at one time, we look at the entire picture. The safety of these children
is what trumps everything. So we look at not just accountability, but the
environment that she’s able to provide for these children. Is it safe? Can she provide
for the needs? That is what she lacks.
Mother’s former therapist similarly testified that based on her observations, she believed Mother
had displayed poor decision making, that a child left in her care would be in danger, and that she
did not believe Mother was capable of putting the children’s needs above her own at that point in
time.
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When considered under the applicable standard of review, the evidence described above
would permit a reasonable factfinder to form a firm belief or conviction that Mother knowingly
placed or knowingly allowed the children to remain in conditions that endangered their physical
or emotional well-being and that she engaged in conduct that endangered their physical or
emotional well-being. TEX. FAM. CODE § 161.001(b)(1)(D), (E). That evidence is therefore legally
and factually sufficient to support the trial court’s endangerment findings under subsections (D)
and (E). See In re J.F.C., 96 S.W.3d at 266. Because we have concluded the evidence supports the
subsection (D) and (E) findings, we need not consider Mother’s challenge to the subsection (Q)
finding. TEX. R. APP. P. 47.1; In re D.J.H., 381 S.W.3d 606, 611–12 (Tex. App.—San Antonio
2012, no pet.).
We overrule Mother’s first issue.
Best Interest
Applicable Law
Mother also challenges the legal and factual sufficiency of the trial court’s finding that
termination of her parental rights was in the children’s best interest. There is a strong presumption
that a child’s best interest is served by maintaining the relationship between a child and the natural
parent, and the Department has the burden to rebut that presumption by clear and convincing
evidence. See, e.g., In re R.S.-T., 522 S.W.3d at 97. To determine whether the Department satisfied
this burden, the Texas Legislature has provided several factors 4 for courts to consider regarding a
4
These factors include, inter alia: “(1) the child’s age and physical and mental vulnerabilities; (2) the frequency and
nature of out-of-home placements; (3) the magnitude, frequency, and circumstances of the harm to the child; (4)
whether the child has been the victim of repeated harm after the initial report and intervention by the department; (5)
whether the child is fearful of living in or returning to the child’s home; (6) the results of psychiatric, psychological,
or developmental evaluations of the child, the child’s parents, other family members, or others who have access to the
child’s home; (7) whether there is a history of abusive or assaultive conduct by the child’s family or others who have
access to the child’s home; (8) whether there is a history of substance abuse by the child’s family or others who have
access to the child’s home; (9) whether the perpetrator of the harm to the child is identified; (10) the willingness and
ability of the child’s family to seek out, accept, and complete counseling services and to cooperate with and facilitate
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parent’s willingness and ability to provide a child with a safe environment, and the Texas Supreme
Court has used a similar list of factors 5 to determine a child’s best interest. TEX. FAM. CODE §
263.307(b); Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976).
A best interest finding, however, does not require proof of any particular factors. See In re
G.C.D., No. 04-14-00769-CV, 2015 WL 1938435, at *5 (Tex. App.—San Antonio Apr. 29, 2015,
no pet.) (mem. op.). Neither the statutory factors nor the Holley factors are exhaustive, and
“[e]vidence of a single factor may be sufficient for a factfinder to form a reasonable belief or
conviction that termination is in the child’s best interest[.]” In re J.B.-F., No. 04-18-00181-CV,
2018 WL 3551208, at *3 (Tex. App.—San Antonio July 25, 2018, pet. denied) (mem. op.).
Additionally, evidence that proves a statutory ground for termination may be probative on the issue
of best interest. In re C.H., 89 S.W.3d 17, 28 (Tex. 2002). Furthermore, in determining whether
termination of the parent-child relationship is in the best interest of a child, a factfinder may judge
a parent’s future conduct by her past conduct. In re E.D., 419 S.W.3d 615, 620 (Tex. App.—San
Antonio 2013, pet. denied). Finally, we presume that prompt and permanent placement of the child
in a safe environment is in the child’s best interest. TEX. FAM. CODE § 263.307(a).
Much of the evidence detailed above in our discussion of subsections (D) and (E) is also
relevant to the trial court’s best interest finding. See In re C.H., 89 S.W.3d at 28. Specifically,
Mother’s history of drug use, the evidence that the children tested positive for controlled
an appropriate agency’s close supervision; (11) the willingness and ability of the child’s family to effect positive
environmental and personal changes within a reasonable period of time; (12) whether the child’s family demonstrates
adequate parenting skills [. . .]; and (13) whether an adequate social support system consisting of an extended family
and friends is available to the child.” TEX. FAM. CODE § 263.307(b).
5
Those factors include: (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 those individuals to promote the best interest of the
child; (6) the plans for the child by these individuals or 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. Holley v. Adams, 544 S.W.2d 367, 371–
72 (Tex. 1976).
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substances multiple times, the pending child endangerment charges against Mother, and Mother’s
willingness to invite L.M. into her home all went directly to both statutory and Holley best-interest
factors. See TEX. FAM. CODE § 263.307(b)(4) (trial court can consider whether child has been
victim of repeated harm after Department intervention); id. § 263.307(b)(8) (trial court can
consider parent’s history of substance abuse); Holley, 544 S.W.2d at 371–72.
A trial court can also consider a parent’s late start of service plan requirements in its best
interest analysis. See In re A.M.B., No. 04-24-00410-CV, 2024 WL 4547065, at *4 (Tex. App.—
San Antonio Oct. 23, 2024, pet. denied) (mem. op.). Here, the evidence presented at trial showed
that while the children were removed in March of 2025, Mother did not begin engaging in services
until September of 2025. Mother agreed that she “wasn’t being real honest” and “didn’t take it as
serious as [she] was supposed to” for the first several months after the children’s removal because
she “wasn’t thinking about my kids or anyone, just myself and my addiction.”
Quiroga testified that Mother had never acknowledged how her prior behavior endangered
the children and that Mother “always has an excuse to why something happened.” See In re N.T.,
2024 WL 2066375, at *9 (considering evidence that “Mother made excuses for her actions rather
than taking responsibility” in best interest analysis). Similarly, Mother’s former therapist testified
that she unsuccessfully discharged Mother because she “wasn’t understanding the importance
of . . . No. 1, waiting so long to engage in services. And No. 2, continuing to have the father of her
youngest child living with her knowing that he was—had just come out of jail.” She added, “I
don’t really feel like at this point in time, the length of time that she’s had to make the changes and
the fact that the case has moved so far and the children have been in care for so long, especially
her daughter, I don’t—I don’t think that there’s going to be much change for her.” See TEX. FAM.
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CODE § 263.307(b)(11) (trial court can consider parent’s willingness and ability to effective
positive changes within reasonable period of time).
When A.M. came into K.D.G.’s care, the child was in poor physical condition. She also
showed signs of emotional neglect and “would just cry for hours. There was no soothing her.” See
Holley, 544 S.W.2d at 371–72; TEX. FAM. CODE § 263.307(b)(1) (trial court can consider child’s
age and physical/mental vulnerabilities). K.D.G. testified that A.M. has been diagnosed with
“[g]lobal developmental delay and they said that it’s due to drug exposure.” See TEX. FAM. CODE
§ 263.307(b)(6) (trial court can consider results of development evaluations of the child). At the
time of trial, A.M. was receiving “between four to six hours of therapy by different therapists”
each week and had “doctors’ appointments nearly every week to every other week.” K.D.G.
testified that A.M. was making improvement, that she was bonded with K.D.G. and her wife, and
that they planned to adopt her if her biological parents’ rights were terminated. See TEX. FAM.
CODE § 263.307(a).
As noted above, J.O.S. Jr. had behavioral issues when he came into care that medical
professionals attributed to drug exposure and neglect. K.D.G. testified that she maintained contact
with J.O.S. Jr. after he left her home and that he was “[s]lowly but surely” making progress in his
father’s care. She told the trial court, “It’s hard for him to listen and obey rules and listen to his
dad, but his dad does a great job. . . . He redirects him and shows him love and patience.” See id.
It is clear from the record that Mother loves her children, and the trial court recognized that
at trial. There were “no concerns” with her drug test results for the five to six months before trial.
She completed parenting classes and drug treatment, provided the Department with evidence that
she leased an apartment, and was employed at the time of trial. She also testified that she was no
longer in a relationship with L.M. and was not communicating with him because “[t]he love for
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my children is much bigger than that.” She added, “It’s not good. It’s not good for me, for my kids,
especially for my kids. I don’t need that in my life. . . . [A]ll the trouble, the drugs, charges. I just
don’t need that type of person surrounding me or my kids.”
When viewed in the light most favorable to the judgment, the evidence presented at trial
was sufficient to allow the trial court to form a firm belief or conviction that termination of
Mother’s parental rights was in the children’s best interest. See TEX. FAM. CODE § 263.307; Holley,
544 S.W.2d at 371–72. Furthermore, the evidence contrary to the trial court’s finding was not so
overwhelming as to prevent a reasonable factfinder from forming a firm belief or conviction that
the finding is true. The evidence is therefore legally and factually sufficient to support the trial
court’s best-interest finding.
Conservatorship
In her final issue, Mother asks us to review the portion of the trial court’s order appointing
the Department as A.M.’s managing conservator. She does not challenge the appointment of J.O.S.
Sr. as managing conservator of J.O.S. Jr.
We review a trial court’s conservatorship rulings for abuse of discretion. See In re J.A.J.,
243 S.W.3d 611, 616 (Tex. 2007). In making a conservatorship decision, a trial court has broad
discretion in determining a child’s best interest. In re J.J.R.S., 607 S.W.3d 400, 404 (Tex. App.—
San Antonio 2020), aff’d, 627 S.W.3d 211 (Tex. 2021). We may not reverse a trial court’s
conservatorship ruling unless it was arbitrary or unreasonable. Id.
The Texas Family Code requires a child’s parent to be appointed managing conservator
“unless the court finds that appointment of the parent or parents would not be in the best interest
of the child because the appointment would significantly impair the child’s physical health or
emotional development.” TEX. FAM. CODE § 153.131(a). “It is a rebuttable presumption that the
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appointment of the parents of a child as joint managing conservators is in the best interest of the
child.” Id. § 153.131(b). Here, however, we have already concluded the evidence was legally and
factually sufficient to support the trial court’s finding that terminating Mother’s parental rights was
in the children’s best interest. Because the standard of review “is more stringent for termination
decisions than for those regarding conservatorship,” we cannot say the trial court abused its
discretion by refusing to appoint Mother as a managing or possessory conservator. See In re A.S.,
No. 04-14-00505-CV, 2014 WL 5839256, at *3 (Tex. App.—San Antonio Nov. 12, 2014, pet.
denied) (mem. op.) (internal quotation marks omitted).
We overrule Mother’s third issue.
CONCLUSION
We affirm the trial court’s order of termination.
Lori I. Valenzuela, Justice
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