In the Interest of B.C., a Child v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledOctober 1, 2026
Docket02-26-00292-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00292-CV
___________________________
IN THE INTEREST OF B.C., A CHILD
On Appeal from the 30th District Court
Wichita County, Texas
Trial Court No. DC30-CP2025-1322
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
After a jury trial, the jury terminated Mother’s and Father’s parental rights to
their daughter B.C.,1 finding three termination grounds for each parent:
• endangering conduct, see Tex. Fam. Code § 161.001(b)(1)(E);
• constructively abandoning B.C., see id. § 161.001(b)(1)(N); and
• criminal conduct resulting in Mother’s and Father’s convictions, imprisonment,
and inability to care for B.C. for two years after the termination petition’s filing,
see id. § 161.001(b)(1)(P).
The jury also determined that the Department of Family and Protective Services made
reasonable efforts to return B.C. to Mother and Father, see id. § 161.001(f), and that
termination was in B.C.’s best interest, see id. § 161.001(b)(2).
In five issues, Mother complains that the evidence is legally and factually
insufficient to support the jury’s affirmative findings concerning (1) the Department’s
reasonable efforts to reunite B.C. with Mother, id. § 161.001(f); (2) Mother’s
endangering conduct, id. § 161.001(b)(1)(E); (3) Mother’s constructively abandoning
B.C., id. § 161.001(b)(1)(N); (4) Mother’s criminal conduct, id. § 161.001(b)(1)(P); and
(5) B.C.’s best interest, id. § 161.001(b)(2). In three issues, Father argues that the trial
court abused its discretion by denying (1) his motion under Section 262.114 to change
B.C.’s placement to Grandfather, see id. § 262.114, and (2) his motion under Section
1
We use initials to identify the child, we refer to family members by familial
relation, and we use pseudonyms for other parties. See Tex. Fam. Code § 109.002(d);
Tex. R. App. P. 9.8(b)(2). Grandfather is Father’s father.
2
263.401 to retain the suit on the trial court’s docket and set a new dismissal deadline,
see id. § 263.401, which (3) Father claims collectively harmed him. Grandfather joins in
Father’s arguments to argue that the trial court’s abuse of discretion by denying
Father’s Section 263.401 extension motion and his motion to change B.C.’s placement
to Grandfather probably caused the rendition of an improper judgment. We will
affirm.
I. Background
Mother and Father had one child together: B.C. When B.C. was born in June
2025, both Mother and Father were incarcerated. A few weeks later, the Department
became involved when the friend Mother had asked to care for B.C. while Mother
served a 12-year prison sentence reported to the Department that she was unsure how
long she could care for B.C. The Department initiated a proceeding for B.C.’s
protection, for her conservatorship, and for termination of Mother’s and Father’s
parental rights. By October 2025, the Department had placed B.C. with two of
Mother’s relatives,2 who had previously adopted two of B.C.’s half-brothers.
At some point, Grandfather attempted to intervene, but on the Department’s
motion, the trial court struck Grandfather’s intervention petition. Then, ten days
2
During trial, Mother was asked whether the husband and wife with whom B.C.
had been placed were relatives of Mother’s, and she answered, “Yes, ma’am.” No
clarifying testimony was provided, but in a pretrial hearing, Father testified that the
husband and wife were not “biological family.” Other documents indicate that B.C.’s
adult female caregiver was Mother’s cousin.
3
before trial began, Father requested that the trial court place B.C. with Grandfather or
conduct a home study on him, and 11 days before trial, Father separately asked the
trial court under Section 263.401 to retain the suit on the trial court’s docket but to set
a new dismissal date so that he could “illustrate his capacity to parent his child and
[to] provide due process.” See id. § 263.401.
The trial court denied both motions, and the matter proceeded to a jury trial.
Mother testified. She had had eight children, including B.C., and her parental rights
had been terminated to the other seven because of her drug use. She had tried to be
reunited with her children but could not stop taking drugs. Mother admitted that she
was addicted to drugs and stated that her drugs of choice were methamphetamines,
fentanyl, and heroin. Mother also testified that she had repeatedly gone to prison and
jail for drug and other offenses.
She had known Father for a number of years when they became romantically
involved in fall 2024. Like the fathers of her other seven children, Father had a
criminal and substance-abuse history. Mother invoked her Fifth Amendment right not
to testify when asked how often she and Father had used drugs in 2024. But she
admitted that she and Father were arrested in October 2024 for “[f]entanyl and
methamphetamines.”
Mother was arrested again in November 2024. She was using fentanyl after
having taken a home pregnancy test and telling Father that she was pregnant (with
B.C.). Before the arrest, Father told Mother that he wanted her to go to rehab, and
4
Mother testified that she had hoped that Father would have gone too. But after her
arrest, Mother was charged, tried, convicted, and sentenced to 12 years’ confinement
for possessing methamphetamine and fentanyl with the intent to deliver it. She was
also convicted of hindering the apprehension of a fugitive—the father of one of her
other children—for which she received a concurrent eight-year sentence. Mother gave
birth to B.C. while she was in prison, and she asked a friend she had met in sober
living to take care of B.C. until she had completed her 12-year prison sentence.
At the time of trial, Father was serving a 35-year sentence3 and admitted to
having 11 felony convictions, including for drug offenses, bail jumping, evading in a
vehicle, and possessing a firearm as a felon. He had been imprisoned on his latest
charges since 2024 and had never met B.C.4
Case Manager Tabitha Bowers testified at trial. She discussed the Department’s
efforts to work with Mother and Father and to reunite B.C. with them. Bowers
communicated with both parents through prison tablets and mailed them updates
about B.C. Bowers also testified about the success of B.C.’s placement with her two
half-brothers. She confirmed that the family members with whom B.C. had been
placed wanted to adopt B.C.
3
He was also serving concurrent 15- and 10-year sentences.
4
Because Father does not raise any sufficiency challenges, we need not detail his
testimony.
5
Bowers testified that a child is endangered by a parent who abuses and sells
drugs, has frequent arrests, and attempts to evade police to avoid arrest irrespective of
whether the child is present when those things occur. Bowers opined that the parents’
plans for B.C. to remain in foster care until one of them was released from prison and
achieved sobriety and stability would not provide permanency for B.C. and would
prevent her from being adopted. She thus testified that termination of Mother’s and
Father’s parental rights was in B.C.’s best interest. A case supervisor similarly opined
that she thought that termination was in B.C.’s best interest.
After considering the evidence, the jury made specific affirmative findings that
Mother and Father each had engaged in endangering conduct, see id.
§ 161.001(b)(1)(E); had constructively abandoned B.C., see id. § 161.001(b)(1)(N); and
had engaged in criminal conduct resulting in Mother’s and Father’s convictions,
imprisonment, and inability to care for B.C. for two years after the termination
petition’s filing, see id. § 161.001(b)(1)(P). The jury also found that the Department had
made reasonable efforts to return B.C. to Mother and Father, and it found—
concerning each parent—that termination was in B.C.’s best interest.
Consistent with the jury’s findings, the trial court signed an order terminating
Mother’s and Father’s rights to B.C. Father did not move for a new trial; Mother did.
Mother, Father, and Grandfather have each appealed. We address each’s arguments in
turn.
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II. Mother’s Appeal
Before turning to Mother’s five legal- and factual-sufficiency challenges, we
must address whether she preserved these challenges in her new-trial motion. As we
will explain, she has forfeited all but her factual-sufficiency challenge to the jury’s
best-interest finding, and we conclude that the evidence is factually sufficient to
support that finding.
A. Preservation
In an appeal from a judgment rendered on a jury verdict, including a judgment
terminating parental rights, a party cannot raise legal- and factual-sufficiency
challenges for the first time on appeal. See Tex. R. App. P. 33.1(d); see also In re S.G.,
No. 01-18-00728-CV, 2019 WL 1448870, at *4 (Tex. App.—Houston [1st Dist.] Apr.
2, 2019, pets. denied); In re H.D.B.-M., No. 10-12-00423-CV, 2013 WL 765699, at
*8 (Tex. App.—Waco Feb. 28, 2013, pet. denied). To preserve a legal-sufficiency
challenge, a party must: (1) move for an instructed verdict; (2) object to the
submission of a jury question; (3) move for a judgment notwithstanding the verdict;
(4) move to disregard the jury’s answer to a vital fact question; or (5) move for a new
trial. See In re D.J.J., 178 S.W.3d 424, 426–27 (Tex. App.—Fort Worth 2005, no pet.);
In re J.M.S., 43 S.W.3d 60, 62 (Tex. App.—Houston [1st Dist.] 2001, no pet.). To
preserve a factual-sufficiency challenge, a party must move for a new trial. Tex. R. Civ.
P. 324(b)(2), (3); see In re A.C., 394 S.W.3d 633, 639 (Tex. App.—Houston [1st Dist.]
2012, no pet.); see also J.M.S., 43 S.W.3d at 62.
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When a party moves for a new trial, the written motion must specify each
ground relied upon “in such a way that the objection can be clearly identified and
understood by the court.” Tex. R. Civ. P. 321; see In re J.A., No. 02-23-00129-CV,
2024 WL 3819373, at *5 (Tex. App.—Fort Worth Aug. 15, 2024, pet. denied).
“Generalit[ies are] to be avoided,” and “grounds of objections couched in general
terms . . . shall not be considered by the court.” Tex. R. Civ. P. 322 (capitalization
altered); see Santos v. Comm’n for Law. Discipline, 140 S.W.3d 397, 406 (Tex. App.—
Houston [14th Dist.] 2004, no pet.) (“If objections asserted in a motion for new trial
are stated too broadly, the trial court is under no obligation to consider the motion.”);
D/FW Com. Roofing Co. v. Mehra, 854 S.W.2d 182, 189–90 (Tex. App.—Dallas 1993,
no writ) (holding that, because the “appellant’s complaints in the motion for new trial
did not alert the trial court that it was complaining about the possibility of a double
recovery . . . , the trial court could not have been expected to address this issue”).
While a sufficiency objection to a single jury issue without further detail will suffice to
preserve error, RDJRLW, Inc. v. Miller, No. 02-16-00132-CV, 2017 WL 2590568, at
*4 (Tex. App.—Fort Worth June 15, 2017, no pet.), a single objection to all the jury’s
findings is too general and will not preserve error, see Arkoma Basin Expl. Co. v. FMF
Assocs. 1990–A, Ltd., 249 S.W.3d 380, 387 (Tex. 2008) (citing Biggers v. Cont’l Bus. Sys.,
Inc., 303 S.W.2d 359, 368 (Tex. 1957)); see also In re B.L.D., 113 S.W.3d 340, 350–
54 (Tex. 2003) (explaining that termination cases are governed by the civil-procedure
8
rules and the “[i]mportant prudential concerns” behind applying the
error-preservation rules in such cases).
Here, Mother attempted to preserve error on her legal- and factual-sufficiency
complaints by filing a new-trial motion. The one-page motion contained four
grounds, which we quote:
1. The jury’s verdict is against the great weight and preponderance of
the evidence and is manifestly unjust.
2. The evidence presented at trial was legally insufficient to support the
jury’s findings under Texas Family Code § 161.001(b)(1).
3. The evidence presented at trial was factually insufficient to support
the jury’s finding that termination of the parent[–]child relationship is
in the best interest of the child.
4. The trial court committed reversible error during the course of the
proceedings.
On appeal, Mother attempts to present legal- and factual-sufficiency challenges
to each of the jury’s three specific (b)(1) termination findings, see Tex. Fam. Code
§ 161.001(b)(1)(E), (N), (P); the jury’s best-interest finding, see id. § 161.001(b)(2); and
its reasonable-efforts finding, see id. § 161.001(f). But of the five issues Mother raises
on appeal, she has preserved only her challenge to the factual sufficiency of the jury’s
best-interest finding—by her third ground in her new-trial motion. She otherwise
forfeited all her sufficiency complaints in her first five appellate issues.
Grounds 1 and 4 are generalized challenges that do not focus the trial court on
any specific findings or issues. Accordingly, grounds 1 and 4 preserved nothing for
9
review. See Tex. R. Civ. P. 322; J.A., 2024 WL 3819373, at *5; Ezenagu v. Olagundoye,
No. 01-20-00334-CV, 2021 WL 4994376, at *6 & n.2 (Tex. App.—Houston [1st
Dist.] Oct. 28, 2021, no pet.) (holding that a new-trial motion did not preserve error
because it generally complained about factual sufficiency without challenging any
specific jury findings); In re C.E.M., 64 S.W.3d 425, 427–28 (Tex. App.—Houston [1st
Dist.] 2000, no pet.) (concluding that an instructed-verdict motion “on all grounds”
was too general to preserve error in a termination case); D/FW Com. Roofing Co.,
854 S.W.2d at 189 (concluding that a new-trial motion’s general factual-sufficiency
point did not inform the trial court of a double-recovery complaint raised on appeal).
In her second new-trial ground, instead of attacking each of the jury’s three
specific termination findings, Mother globally complained about all the jury’s
termination findings under Section 161.001(b)(1). By raising a generalized
legal-sufficiency complaint without attacking each specific jury finding, Mother
forfeited her legal-sufficiency complaint to the jury’s three specific termination
findings. See Arkoma Basin Expl. Co., 249 S.W.3d at 387; Biggers, 303 S.W.2d at 368; In
re S.C., No. 02-18-00422-CV, 2019 WL 2455612, at *4 (Tex. App.—Fort Worth June
13, 2019, pets. denied) (“By not challenging any of the jury findings on the four (b)(1)
grounds in the trial court, Father forfeited any appellate complaint about them.”).5
5
The Supreme Court of Texas has recognized the significance of a parent’s
evidentiary challenges to the endangerment grounds under Subsections (D) and (E)
because of their potential impact on future termination proceedings. In re J.W.,
645 S.W.3d 726, 748 (Tex. 2022); In re N.G., 577 S.W.3d 230, 235 (Tex. 2019). We
10
Accordingly, we overrule Mother’s second, third, and fourth issues challenging the
legal- and factual-sufficiency of the jury’s (b)(1)(E), (N), and (P) termination findings
concerning Mother.
Mother’s new-trial motion did not challenge the sufficiency of the jury’s
reasonable-efforts finding, but she attempts to raise the issue on appeal. By not raising
this specific sufficiency complaint first in the trial court, Mother has forfeited any
appellate complaint about the jury’s reasonable-efforts finding. See Tex. R. App. P.
33.1(d); C.E.M., 64 S.W.3d at 428 (concluding that a new-trial motion challenging an
implied best-interest finding did not preserve error on the findings on the statutory
predicate acts or omissions); H.D.B.-M., 2013 WL 765699, at *8 (holding that father’s
ordinarily may not bypass analyzing the endangerment grounds in favor of examining
an independent ground when a parent has challenged all the termination grounds.
J.W., 645 S.W.3d at 748. Yet in J.W., the Texas Supreme Court also stated that
appellate review is required “when the parent has preserved the issue.” Id. (citing
N.G., 577 S.W.3d at 237). Here, Mother’s new-trial motion did not preserve the issue.
But in an abundance of caution, even were we to liberally construe Mother’s
generalized sufficiency objections as specifically attacking the jury’s affirmative finding
on termination ground (E), see Arkoma Basin Expl. Co., 249 S.W.3d at 388; R.W.K.,
No. 10-19-00200-CV, 2019 WL 5446062, at *2 (Tex. App.—Waco Oct. 23, 2019, no
pet.) (addressing unpreserved sufficiency complaint); S.C., 2019 WL 2455612, at
*4 (same), the evidence—particularly concerning Mother’s persistent drug use before
B.C.’s birth and during Mother’s pregnancy with B.C. and her related drug convictions
and resulting incarcerations—is legally and factually sufficient to support the jury’s
endangerment finding under Subsection (E) by clear and convincing evidence, see In re
J.W., No. 2-08-211-CV, 2009 WL 806865, at *4 (Tex. App.—Fort Worth Mar. 26,
2009, no pet.) (discussing the endangering impact of a parent’s decision to use illegal
drugs); see also In re J.F.-G., 627 S.W.3d 304, 313 (Tex. 2021) (“A parent’s criminal
history—taking into account the nature of the crimes, the duration of incarceration,
and whether a pattern of escalating, repeated convictions exists—can support a
finding of endangerment.”).
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charge objection to a single termination ground did not preserve his appellate
complaints about the jury’s affirmative findings on any other statutory termination
grounds). We overrule Mother’s first issue complaining that the evidence was legally
and factually insufficient to support the jury’s finding under Section 161.001(f).
Finally, although Mother’s new-trial motion specifically challenged the factual
sufficiency of the best-interest finding, Mother’s motion did not raise a
legal-sufficiency challenge to that finding. We thus conclude that Mother has
preserved her factual-sufficiency challenge but not her legal-sufficiency challenge to
the best-interest finding. See Tex. R. Civ. P. 322; C.E.M., 64 S.W.3d at 428; H.D.B.-M.,
2013 WL 765699, at *8; J.M.S., 43 S.W.3d at 62 (concluding that parents failed to
preserve their legal-sufficiency challenges by not preserving error in the trial court,
including by not filing a new-trial motion). We overrule Mother’s fifth issue to the
extent that she complains about the legal sufficiency of the jury’s best-interest finding.
B. Factual Sufficiency and the Jury’s Best-Interest Finding
We now consider Mother’s sole preserved complaint—her factual-sufficiency
challenge to the jury’s best-interest finding. The evidence is factually sufficient.
1. Burden of Proof and Standard of Review
Termination decisions must be supported by clear and convincing evidence. See
Tex. Fam. Code §§ 161.001(b), .206(a); In re E.N.C., 384 S.W.3d 796, 802 (Tex. 2012).
Evidence is clear and convincing if it “will produce in the mind of the trier of fact a
12
firm belief or conviction as to the truth of the allegations sought to be established.”
Tex. Fam. Code § 101.007; E.N.C., 384 S.W.3d at 802.
For a trial court to terminate a parent–child relationship, the party seeking
termination must establish, by clear and convincing evidence, that (1) the parent’s
actions satisfy just one of the many predicate grounds that are listed in Family Code
Section 161.001(b)(1), and (2) termination is in the child’s best interest under Section
161.001(b)(2). Tex. Fam. Code § 161.001(b)(1), (2); E.N.C., 384 S.W.3d at 803; In re
J.L., 163 S.W.3d 79, 84 (Tex. 2005).
2. Best Interest of the Child
Although we generally presume that keeping a child with a parent is in the
child’s best interest, In re R.R., 209 S.W.3d 112, 116 (Tex. 2006), the best-interest
analysis is child-centered, focusing on the child’s well-being, safety, and development,
In re A.C., 560 S.W.3d 624, 631 (Tex. 2018). Evidence probative of a child’s best
interest may be the same evidence that is probative of a Subsection (b)(1) ground. In re
E.C.R., 402 S.W.3d 239, 249 (Tex. 2013); In re C.H., 89 S.W.3d 17, 28 (Tex. 2002); see
Tex. Fam. Code § 161.001(b)(1), (2). We also consider the evidence in light of
nonexclusive factors that the factfinder may apply in determining the child’s best
interest:
(A) the [child’s] desires . . . ;
(B) the [child’s] emotional and physical needs[,] . . . now and in the
future;
13
(C) the emotional and physical danger to the child now and in the future;
(D) the parental abilities of the individuals seeking custody;
(E) the programs available to assist these individuals to promote the
[child’s] best interest . . . ;
(F) the plans for the child by these individuals or by the agency seeking
custody;
(G) the stability of the home or proposed placement;
(H) the [parent’s] acts or omissions . . . indicat[ing] that the existing
parent–child relationship is not a proper one; and
(I) any excuse for the [parent’s] acts or omissions.
Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976) (citations omitted); see E.C.R.,
402 S.W.3d at 249 (stating that in reviewing a best-interest finding, “we consider,
among other evidence, the Holley factors” (footnote omitted)); E.N.C., 384 S.W.3d at
807.
These factors are not exhaustive, and some listed factors may not apply to
some cases. C.H., 89 S.W.3d at 27. Furthermore, undisputed evidence of just one
factor may be sufficient to support a finding that termination is in the child’s best
interest. Id. On the other hand, the presence of scant evidence relevant to each factor
will not support such a finding. Id.
3. Factual Sufficiency
We must perform “an exacting review of the entire record” in determining
whether the evidence is factually sufficient to support terminating a parent–child
relationship. In re A.B., 437 S.W.3d 498, 500 (Tex. 2014). In a factual-sufficiency
14
review, we give due deference to the factfinder’s findings and do not supplant the
factfinder’s judgment with our own. In re H.R.M., 209 S.W.3d 105, 108 (Tex. 2006).
We determine whether, on the entire record, a factfinder could reasonably form a firm
conviction or belief that the parent violated an alleged ground and that termination is
in the child’s best interest. Tex. Fam. Code § 161.001(b); see C.H., 89 S.W.3d at 25. If,
in light of the entire record, the disputed evidence that a reasonable factfinder could
not have credited in favor of the finding is so significant that a factfinder could not
reasonably have formed a firm belief or conviction in the truth of its finding, then the
evidence is factually insufficient. H.R.M., 209 S.W.3d at 108.
4. Evidence and Analysis
In weighing the Holley factors, we conclude that the evidence strongly shows a
history of acts and omissions indicating that the existing parent–child relationship was
not a proper one and that Mother was not able to provide for B.C.’s current or
long-term emotional and physical needs. See 544 S.W.2d at 372.
a. B.C.’s Desires
The Department presented no direct evidence from B.C. Under such
circumstances, the first Holley factor is ordinarily “considered to be neutral, weighing
neither for nor against the trial court’s best-interest finding.” See In re C.W.,
No. 02-23-00414-CV, 2024 WL 637264, at *9 (Tex. App.—Fort Worth Feb. 15, 2024,
pet. denied). But the Department presented circumstantial evidence of B.C.’s desires
by presenting evidence that she had bonded with her foster family, who had cared for
15
her and her half-siblings. As one Department witness testified, B.C. interacted with
her placement family “[l]ike she has been there her whole entire life” and “is very
attached and bonded to them.” Accordingly, the factfinder could have considered the
evidence of B.C.’s bond with her foster family as “a reasonable proxy for [B.C.’s]
desires.” In re E.T., No. 02-25-00545-CV, 2026 WL 179594, at *7 (Tex. App.—Fort
Worth Jan. 22, 2026, no pet.) (quoting In re A.J.D.-J., 667 S.W.3d 813, 833 (Tex.
App.—Houston [1st Dist.] 2023, no pet.)). The first factor supports the best-interest
finding.
b. B.C.’s Emotional and Physical Needs
The evidence at trial showed that B.C. had been placed with maternal relatives,
who had previously adopted two of B.C.’s half-brothers. Mother understood that B.C.
got along well with her brothers, and she believed that they loved her. A case worker
confirmed that B.C.’s brothers “adore[d] her” and that they had a normal sibling
relationship.
The case worker testified that B.C. was “very attached and bonded” to her
caretakers and that they cared for her in their home. At the time of trial, B.C. had no
special medical needs, but her caretakers ensured that she attended regular doctor’s
visits. B.C.’s caretakers wanted to adopt her.
We have said that “children need permanency and stability,” In re G.V., III,
543 S.W.3d 342, 350 (Tex. App.—Fort Worth 2017, pet. denied), and we have
stressed that a child needs “a stable home and engaged parents who d[o] not use
16
drugs,” In re G.M., No. 02-23-00061-CV, 2023 WL 4243349, at *8 (Tex. App.—Fort
Worth June 29, 2023, pet. denied) (quoting In re M.J., No. 02-23-00026-CV,
2023 WL 3643673, at *11 (Tex. App.—Fort Worth May 25, 2023, no pet.)); In re E.D.,
682 S.W.3d 595, 607 (Tex. App.—Houston [1st Dist.] 2023, pet. denied). Here, the
jury could have reasonably inferred from Mother’s repeated history of using drugs and
incarceration that her drug use would likely continue and that she—unlike her current
caretakers—could not meet B.C.’s current and future physical and emotional needs.
See G.M., 2023 WL 4243349, at *8. This factor weighs in favor of termination.
c. Emotional and Physical Danger to B.C.
“A continuing pattern of illegal drug use . . . implicates most of the Holley
factors and will support a finding that termination of parental rights is in a child’s best
interest.” E.D., 682 S.W.3d at 607. Mother has a long history of using dangerous
illegal drugs and has been unable to stop using them, despite having her parental
rights terminated to her other seven children and despite repeatedly being confined in
prison and jail for drug-related crimes. She even admitted to using fentanyl while
knowing that she was pregnant with B.C. Although she claimed to have wanted to go
to rehab in October 2024, she was instead arrested for “[f]entanyl and
methamphetamines” and received a 12-year prison sentence.
In sum, Mother’s continuous drug use poses a danger to B.C. See id. (collecting
cases holding that a parent’s continuing drug usage supported multiple Holley factors,
including endangering the parent’s child); see also In re A.A., No. 13-25-00157-CV,
17
2025 WL 2475157, at *12 (Tex. App.—Corpus Christi–Edinburg Aug. 27, 2025, no
pet.) (“The trial court was also permitted to measure Father’s future conduct by his
past conduct in determining whether termination of his parental rights was in the
children’s best interest.” (citing In re E.D., 419 S.W.3d 615, 620 (Tex. App.—San
Antonio 2013, pet. denied))). By contrast, the Department’s proposed permanent
placement presented a safe and stable home for B.C. with two of her half-siblings and
the adoption-motivated foster parents with whom she had formed strong bonds. See
G.M., 2023 WL 4243349, at *8. This factor supports termination.
d. Parental Abilities of the Individuals Seeking Custody
B.C.’s young age places a premium on the parental abilities of those seeking
custody and on the stability of her future home. See In re K.W., No. 02-24-00082-CV,
2024 WL 3461749, at *6 (Tex. App.—Fort Worth July 18, 2024, no pet.). Both case
workers testified that B.C.’s foster parents had been meeting her needs and explained
why they thought it was in her best interest to remain with them. The jury was also
entitled to consider the evidence of Mother’s historical drug use, her inability to quit
using drugs, her previous child–parent terminations based on her drug use, her
repeated convictions leading to confinement, and her inability to meet B.C.’s basic
needs—like housing—for the foreseeable future. See In re J.O.A., 283 S.W.3d 336,
346 (Tex. 2009) (stating that the factfinder is entitled to consider a parent’s history of
drug use and irresponsible choices); E.D., 682 S.W.3d at 607; In re A.F.R.,
18
No. 01-20-00355-CV, 2020 WL 6140181, at *11 (Tex. App.—Houston [1st Dist.]
Oct. 20, 2020, pet. denied). This factor favors termination.
e. Programs Available to Promote B.C.’s Best Interest
Mother testified that she had sent at least three parenting packets back to the
Department and provided certificates of classes she had taken in prison, including
ones about substance abuse and parenting. She also testified about taking parenting
courses during her prior six termination cases and admitted that she could not recall
how many times she had relapsed since completing a 2011 substance-abuse class while
she was previously imprisoned.
The case worker testified that she had provided Mother nine parenting packets
and that she had received only two back from Mother. Although the case worker
acknowledged that she could not testify about Mother’s specific parenting abilities
with B.C., she stated that Mother had been offered multiple services and
opportunities with her prior children and with B.C. and had consistently
demonstrated bad parenting abilities.
On the other hand, B.C.’s foster parents provided a stable, loving home and
wanted to adopt her. This factor weighs in favor of termination. See In re B.K.G.D.,
No. 01-20-00057-CV, 2020 WL 3821086, at *13 (Tex. App.—Houston [1st Dist.] July
2, 2020, pet. denied) (concluding that “parental abilities” and “programs available”
factors weighed in favor of termination when parents had completed “some, but not
all, of” their required services and potential adoptive parents were able to meet child’s
19
needs); In re J.O., No. 11-19-00088-CV, 2019 WL 3822198, at *2–3 (Tex. App.—
Eastland Aug. 15, 2019, no pet.) (holding evidence sufficient to support best-interest
finding when record reflected that adoption-motivated foster parents met the child’s
needs).
f. Plans for B.C.
Mother did not want the jury to terminate her parental rights because she
wanted a chance to be in B.C.’s life after she was released from prison, but the earliest
time would be after B.C. had turned six. Mother conceded that B.C. could not be
placed with her while she was in prison and that her life circumstances had created an
unsafe situation for B.C. She thought that if she made parole in 2030 and lined up a
job, she would likely go to her father’s house.
Mother agreed that B.C. was safe and well cared for in her placement, and the
Department’s witnesses testified that B.C. would be safer with Mother’s parental
rights terminated. The Department’s plan was for B.C.’s foster parents to adopt her
and to keep her with her two half-brothers if the trial court terminated Mother’s
parental rights—a result the foster parents wanted. A case worker opined that B.C.
might not ever be adopted if she remained in foster care awaiting Mother or Father
(1) to be released from prison and (2) to achieve sobriety and stability. See In re
M.E.-M.N., 342 S.W.3d 254, 263 (Tex. App.—Fort Worth 2011, pet. denied)
(“Stability and permanence are paramount in the upbringing of children.”). This factor
favors termination.
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g. Stability of the Home and Proposed Placement
Under the Texas Family Code, “the prompt and permanent placement of the
child in a safe environment is presumed to be in the child’s best interest.” Tex. Fam.
Code § 263.307(a). At the time of trial, B.C. “had been placed in a stable home, and
the plan was for her to be adopted into that family.” See In re V.S.,
No. 02-22-00063-CV, 2022 WL 2252775, at *6 (Tex. App.—Fort Worth June 23,
2022, pet. denied) (citation modified). Evidence about placement plans and adoption
is relevant to the child’s best interest. In re J.A.B., No. 2-06-404-CV,
2007 WL 3037720, at *6 n.40 (Tex. App.—Fort Worth Oct. 18, 2007, no pet.). The
evidence established that B.C. interacted well with her placement family and that her
needs were being met. See V.S., 2022 WL 2252775, at *6. In contrast, Mother’s history
of drug use and her past and current confinement left her with no relationship with
B.C. and no ability to provide for B.C.’s basic emotional and financial needs. This
factor weighs in favor of termination.
h. Acts or Omissions Indicating that the Parent–Child
Relationship Was Not Proper
We have discussed at length Mother’s prior drug use, but one point bears
mentioning again—Mother’s knowing use of fentanyl while pregnant with B.C. Such
horrific conduct with B.C. was not an isolated situation as the record indicates that
Mother had used drugs while pregnant with another of her children, and that baby
had tested positive for methamphetamines. Given an unborn child’s helplessness and
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vulnerability, in finding that termination was in B.C.’s best interest, the jury was
entitled to reasonably place more weight on Mother’s decision to use fentanyl while
pregnant with B.C. See E.D., 682 S.W.3d at 609 (citing A.J.D.-J., 667 S.W.3d at 825).
More so, the jury could have made that finding based on Mother’s admitting to
making the same indefensible choice with one of her prior children. See id. (“[D]rug
use under these circumstances shows either an inability or unwillingness to place the
responsibilities of parenthood ahead of the parent’s desire to use drugs.”). This factor
weighs in favor of termination.
i. Excuses
Mother testified about her own childhood trauma and her beginning to use
drugs at a young age as a coping mechanism. She admitted that she was not trying to
make excuses for her past behavior and said, “All I can do is become a better person
and not go back to the things that I was doing.” She explained how being in prison
had enabled her to remain sober for 18 months, which was the longest she had ever
not used drugs. She also testified to her efforts to take classes in prison and expressed
a desire “to become a better person” and “to improve [her]self.” Even with Mother’s
sobriety and personal desires to be a better person—which are noble and worthy
goals—the jury was entitled to find that this factor weighed in favor of termination.
j. Holding
Considering the record as a whole, we conclude that the Holley factors weigh
against Mother. We hold that a reasonable factfinder could have formed a firm belief
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or conviction that termination of Mother’s parental rights was in B.C.’s best interest.
See Tex. Fam. Code § 161.001(b)(2); H.R.M., 209 S.W.3d at 108; C.H., 89 S.W.3d at
25. We overrule the remainder of Mother’s fifth issue.
III. Father’s Appeal
Father does not challenge the sufficiency of the evidence. Rather, he complains
about (1) the Department’s placement of B.C. with mother’s relatives and B.C.’s
half-brothers and the trial court’s denial of his Section 262.114 motion to change that
placement to Grandfather, (2) the trial court’s denial of his Section 263.401 motion to
extend the dismissal date, and (3) harm that Father claims resulted from these two
denials. We will explain why Father cannot prevail on these three issues.
A. Father’s Denied Section 263.401 Extension Request
In his second issue, Father asserts that the trial court abused its discretion by
denying his motion under Section 263.401 to retain the Department’s termination suit
on the court’s docket and to set a new dismissal deadline because he was making
progress on the court-ordered service plan but needed additional time to complete
remaining requirements. See Tex. Fam. Code § 263.401(b). We conclude that Father
did not show an abuse of discretion.
Termination proceedings have a dismissal deadline. See id. § 263.401(a). Before
a trial on the merits has commenced, Section 263.401(b) governs extending that
deadline for up to 180 days. See id. § 263.401(b).
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We review a trial court’s decision to grant or deny a Section 263.401(b)
extension request for an abuse of discretion. In re D.W., 249 S.W.3d 625, 647 (Tex.
App.—Fort Worth), pet. denied, 260 S.W.3d 462 (Tex. 2008). We must decide whether
the trial court acted without reference to any guiding principles or whether it acted
arbitrarily or unreasonably or by misapplying the law to the case’s facts. Id.; see Huynh
v. Blanchard, 694 S.W.3d 648, 674 (Tex. 2024); Downer v. Aquamarine Operators, Inc.,
701 S.W.2d 238, 242 (Tex. 1985). We focus on
• the child’s needs,
• whether extraordinary circumstances necessitate the child’s remaining in the
Department’s temporary custody, and
• whether continuing that temporary custody is in the child’s best interest.
In re C.G., No. 02-20-00087-CV, 2020 WL 4518590, at *2 (Tex. App.—Fort Worth
Aug. 6, 2020, pet. denied) (citing In re A.J.M., 375 S.W.3d 599, 604 (Tex. App.—Fort
Worth 2012, pet. denied) (op. on reh’g)).
Father has 11 felony convictions and is concurrently serving 35-year, 10-year,
and 15-year prison sentences. In his pretrial motion to retain the case on the court’s
docket and to set a new dismissal date, Father explained that during his incarceration
he had completed numerous classes that were part of his service plan. He claimed that
he “ha[d] a parole review date . . . less than one month from the currently scheduled
jury trial[] and still within the one-year statutory guideline for CPS cases.” Father
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asked for the extension to allow him “the opportunity to [demonstrate] his capacity to
parent his child and [to] provide due process.”
During a hearing on his motion, Father took the stand and acknowledged his
criminal history—including the fact that he had been on parole when he had
committed a new criminal offense—and the fact that he had been incarc