In the Interest of M.T., H.T., R.T., K.T., and G.T., Children v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledSeptember 17, 2026
Docket02-26-00186-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00186-CV
___________________________
IN THE INTEREST OF M.T., H.T., R.T., K.T., AND G.T., CHILDREN
On Appeal from the 322nd District Court
Tarrant County, Texas
Trial Court No. 322-732902-23
Before Bassel, Womack, and Wallach, JJ.
Memorandum Opinion by Justice Wallach
MEMORANDUM OPINION
Mother,1 acting pro se, raises eight issues in this appeal from a jury’s findings
that her parent–child relationships with five of her six children should be terminated
in this suit affecting the parent–child relationship (SAPCR) filed by the children’s
Father.2 Because we overrule her dispositive issues, we affirm.
Sufficiency Issues3
For a trial court to terminate a parent–child relationship, the party seeking
termination must prove at least one predicate-conduct ground and that termination is
in the child’s best interest. Tex. Fam. Code § 161.001(b)(1), (2); In re Z.N., 602 S.W.3d
541, 545 (Tex. 2020). Here, the jury found as predicate-conduct grounds that Mother
had (1) endangered her children according to Family Code Section 161.001(b)(1)(D)
and (E) and (2) used a controlled substance in a manner that endangered the health or
safety of the children and either failed to complete a court-ordered substance abuse
treatment program or, after completion of a court-ordered substance abuse treatment
program, continued to abuse a controlled substance. The jury also found that
1
To protect the identities of the children in this case, we refer to the parties by
relationship and to the children by fictitious names. See Tex. Fam. Code § 109.002(d).
2
By the time of trial, David, the oldest, was already eighteen and not a subject
of the SAPCR.
3
We dispense with a background-facts discussion because we set forth those
facts in our discussion of the evidence’s sufficiency to support the jury’s findings.
2
terminating the children’s parent–child relationships with Mother was in their best
interest. Mother challenges these findings in her first, second, and fifth issues.
Standard of Review
To determine whether the evidence is legally sufficient to support a Section
161.001(b) finding, we look at all the evidence in the light most favorable to the
challenged finding to determine whether a factfinder could reasonably form a firm
conviction or belief that the finding is true. In re R.R.A., 687 S.W.3d 269, 276 (Tex.
2024). In reviewing factual sufficiency of the same finding, we perform “an exacting
review of the entire record,” In re A.B., 437 S.W.3d 498, 500 (Tex. 2014), to determine
whether a factfinder could reasonably form a firm conviction or belief that the
Department proved the finding, In re C.H., 89 S.W.3d 17, 28 (Tex. 2002). We may not
substitute our judgment for the factfinder’s “when considering the credibility of the
evidence presented.” R.R.A., 687 S.W.3d at 276. However, we also may not disregard
undisputed facts that do not support the finding. In re J.W., 645 S.W.3d 726, 741 (Tex.
2022).
Applicable Law–Endangerment
Subsections (D) and (E) of Family Code Section 161.001(b)(1) are the
endangerment predicate-conduct grounds. Subsection (D) authorizes termination
when a parent has knowingly placed or knowingly allowed the child to remain in
conditions or surroundings that endanger the child’s physical or emotional well-being.
Tex. Fam. Code § 161.001(b)(1)(D). To terminate a parent’s rights under Subsection
3
(E), the court must find by clear and convincing evidence that the parent has engaged
in conduct or knowingly placed the child with persons who engaged in conduct that
endangers the child’s physical or emotional well-being. Id. § 161.001(b)(1)(E).
To endanger means to expose a child to loss or injury or to jeopardize a child.
R.R.A., 687 S.W.3d at 277. Endangerment involves “more than a threat of
metaphysical injury or the possible ill effects of a less-than-ideal family environment,
[but] it is not necessary that the conduct be directed at the child or that the child
actually suffers injury.” Tex. Dep’t of Hum. Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex.
1987). “A finding of endangerment is supported ‘if the evidence . . . shows a course of
conduct which has the effect of endangering the physical or emotional well-being of
the child.’” In re C.E., 687 S.W.3d 304, 310 (Tex. 2024) (quoting Boyd, 727 S.W.2d at
534).
The primary distinction between subsections (D) and (E) is the source of the
endangerment to the child. In re J.D.B., 435 S.W.3d 452, 463–64 (Tex. App.—Dallas
2014, no pet.) (citing Castaneda v. Tex. Dep’t of Protective & Regulatory Servs., 148 S.W.3d
509, 522 (Tex. App.––El Paso 2004, pet. denied)). Subsection (D) addresses the
child’s surroundings and environment while subsection (E) addresses parental
misconduct. Id. at 463.
Under subsection (E), the relevant inquiry is whether evidence exists that the
endangerment of the child’s physical or emotional well-being was the direct result of
the parent’s conduct, including acts, omissions, or failures to act. In re E.M.,
4
494 S.W.3d 209, 222 (Tex. App.—Waco 2015, pet. denied). “Evidence of illegal drug
use or alcohol abuse by a parent is often cited as conduct which will support an
affirmative finding that the parent has engaged in a course of conduct which has the
effect of endangering the child.” In re E.A.A., No. 12-26-00088-CV,
2026 WL 2122874, at *5 (Tex. App.—Tyler July 22, 2026, no pet. h.) (mem. op. on
reh’g); In re J.T.G., 121 S.W.3d 117, 125–26 (Tex. App.—Fort Worth 2003, no pet.)
(“Drug addiction and its effect on a parent’s life and ability to parent may establish an
endangering course of conduct as well.”). In addition, generally, “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).
Applicable Facts–Endangerment
Trial in this case began at the end of January 2026 and continued into February.
It was undisputed that Mother has a history of drug and alcohol abuse. It was also
undisputed that Mother had been sober from February 2025 until the trial. According
to Mother, this was her longest period of sobriety since her October 2020 divorce
from Father. Before that, her longest period of sobriety since the divorce had been six
months.
Mother and Father’s agreed divorce decree gave Mother visitation with the
children every other weekend provided that she continued to have clean hair-follicle
5
drug tests.4 Mother’s first visit was delayed because she was not able to provide a
clean test; however, she was able to have her first visit with the children on December
17, 2020.
December 2020 Incident
After Father dropped the children off for their December 17, 2020 visit with
Mother, the children called and texted Father on their cell phones, and he tried to get
them to stop and visit with Mother. However, “[a]t some point, they expressed
concern” about Mother’s behavior. Father agreed to “stay up” with them “until
everything kind of settle[d] down.” He called the police after the second oldest child,
Grace, called him with the “highest tenure [sic] of fear and helpless[ness].” Sometime
between 1:00 and 2:00 a.m. on December 18, Father called 911 and drove to Mother’s
house.
When the first Mansfield police officer, Cameron Sly, arrived around 2 a.m.,
the children came running out of Mother’s house toward his patrol car. “They were
scared for dear life” and crying; however, they did not have any visible injuries. One
of the children said, “Mommy is trying to kill me.” “[T]here was talk[] of a gun,” so
the children were placed in the patrol car. Other Mansfield police officers responded
as well.
The decree also provided that the children were not to have any contact with
4
Mother’s then-boyfriend, whom she later married in 2021. We refer to him in this
memorandum opinion as Husband.
6
The children told Officer Sly that they had crawled out of the window in a
bedroom that they had been locked into because the door did not have a doorknob
and they could not get out through it. Mother was “screaming inside the house”
before officers went inside. Officer Sly testified that the house was “in complete
disarray, trash everywhere, things knocked over, things broken, dirty,” and it had “a
distinguished smell that no -- no -- no normal person would want to smell on a
normal day.” There was also broken glass on the ground.5 Officers had to force the
children’s bedroom door open.
It was “immediately apparent” to Officer Sly that Mother was “heavily
intoxicated by some type . . . of narcotic and/or alcohol.”6 According to Officer Sly,
“any person in an intoxicated state can’t make sound judgments,” and Mother could
not have safely driven her children that night if she had needed to do so.
When Father arrived, the children were relieved and immediately wanted to
leave with him. The police released the children to Father. When Father talked to
Mother the next day, she did not explain anything but simply demanded that Father
return the children to her. According to Father, at that time Mother was “slurring,
very belligerent, blaming the children for the situation[, and] blaming [their] oldest son
5
Officer Sly testified, “No child should have to go through that, what those
children experienced that night and being inside the residence in those conditions.”
6
At trial, Mother admitted that she had drunk alcohol in the children’s presence
that night and that at one point she had passed out on the couch.
7
from stealing from her[, and she] then threatened to sue . . . for custody of the
children.”
Father testified at trial that having to crawl out of the window had a “[v]ery
negative” effect on the children’s mental health. He thought that Mother had
endangered the children.
Officer Sly referred the case to CPS.7
Subsequent CPS Involvement and May 13, 2021 Incident
CPS opened an investigation, during which Mother was receptive. Mother told
the CPS investigator that she was sorry for what had happened, and she admitted that
she had been drinking that night and had used heroin three months before that and all
of the prior summer. Mother explained that she had relapsed on alcohol because she
was nervous about having possession of the children. However, Mother denied
having locked the children in the bedroom––according to her, the doorknob had
broken––and she “denied remembering whether or not she [had] told her oldest son[,
David,] to kill [then] 11-year-old, [Grace].” The investigator met with Father and the
children as well. According to the investigator, “[e]ach of the children reported in
7
CPS is an acronym for Child Protective Services, a subdivision of the
Department of Family and Protective Services. In re N.L., No. 02-25-00205-CV,
2025 WL 3008022, at *10 n.20 (Tex. App.—Fort Worth Oct. 27, 2025, no pet.) (mem.
op). We refer to both CPS and the Department in this memorandum opinion, along
with some of the services provided, including Family Based Safety Services (FBSS).
8
their own way to be fearful of the mom in . . . one way or another. Mom would yell at
them, was mean to them. They feared that mom was going to kill them.”
The investigator found reason to believe8 for neglectful supervision and put a
safety plan into place.
Although another investigator who examined Mother’s home was not
concerned about its condition, the investigator who met with Mother was concerned
that Mother “did not want to give up alcohol completely and didn’t see a need to.”
Mother also “seemed to be making some excuses still.” The investigator was
concerned about Mother’s not wanting to stop drinking “[b]ecause of the gravity of
danger that the kids were in when she chose to drink.”
CPS put a new visitation plan with the children into place. Starting in January
2021, Mother was to have supervised visits with the children every other weekend.
CPS also required Mother to drug test. An FBSS representative who began working
with Mother testified that the primary concern after assessment was Mother’s drug
and alcohol usage. The FBSS representative wanted Mother, Father, and the children
to attend counseling, and she wanted Mother to address her mental-health concerns.
Mother attended some counseling, and “[t]he counselor reported that [Mother] would
After investigating allegations of child abuse or neglect, CPS will assign one of
8
five possible dispositions: (1) reason to believe (based on a preponderance of the
evidence); (2) ruled out; (3) unable to complete; (4) unable to determine; or
(5) administrative closure. In re K.N., No. 02-25-00438-CV, 2026 WL 478943, at
*5 n.11 (Tex. App.—Fort Worth Feb. 19, 2026, pet. denied) (mem. op.).
9
probably need counseling for most of her ongoing life . . . just to battle that sobriety
and the mental health issues that she had.”
From February 2021 to August 2021, Mother “went in and out of detox
probably three to four times.” “Her progress was . . . up and down where it looked
like she would sometimes be making progress and then she would backslide and”
admit to drinking. Father, on the other hand, complied with the Department’s
requests and “was ensuring the children’s safety.”
During the first part of 2021, the children’s safety plan initially prohibited
unsupervised and overnight visits with Mother, but Mother was able to work her way
up to unsupervised visits based on her counselor’s recommendation. However, when
Father picked the children up after Mother’s first unsupervised visit on May 13, 2021,
she was intoxicated.
Mother admitted to the FBSS representative that she had drunk alcohol the day
of that visit. The children “reported that [Mother] was carrying a cup around,” and
“[t]hey didn’t know what the substance was inside the cup.” One of her sons, John,
told the FBSS representative that Mother had put her hands around his neck at that
visit. Mother denied having done so, however. The FBSS representative thought that
after this May 2021 incident, the children appeared to be scared to visit with Mother.
As a result of this incident, the Department modified the safety plan for
Mother. Mother had to go back to two-hour-long supervised visits with the children
as well as submit to regular drug and alcohol testing. She could not consume alcohol
10
within twelve hours before a visit or during a visit, and she could not attend visitation
unless a Breathalyzer showed that she had no alcohol in her system.
Mother’s 2021 Police Encounter
A Mansfield police officer testified to a May 14, 2021 encounter that he had
with Mother as the result of a 911 hangup call. The children were not present during
this incident. Mother told the responding officer that Husband had struck her in the
face and then taken her cell phone when she called 911. Mother also told the officer
that Husband had choked her9 until she urinated on herself and lost consciousness
and that her relationship with Husband involved “a pattern of abuse and coercive
control.” Mother told the officer that Husband demeaned her, called her names, and
controlled her access to money. Mother said that she used alcohol and methadone to
deal with Husband’s abuse.
Nevertheless, Mother was “extremely reluctant” to give the officer any
information and appeared to be trying to protect Husband. The officer noted that
Husband “had already yelled at her while [the police] were there on scene that she
didn’t need to tell [him] anything, not to talk to [him], and . . . basically told her to
stop providing her testimony to” him. Husband was arrested for continuous family
violence and called Mother collect from the jail while Mother was still being
9
Mother provided the officer with “cell phone photographs of her neck and
bruising around her neck area.” The officer also saw redness on Mother’s face.
11
interviewed at the house. The responding officer suspected that Mother was going to
bail Husband out.
Mother was upset that night, but it was hard for the responding officer to tell
whether she was intoxicated. According to the responding officer, Mother’s house
was in disarray, with multiple holes in the wall, a broken door frame, and “multiple
signs of violent interactions throughout the home.” There were empty alcohol
containers throughout the house, as well as trash bags with empty cans in them.
Photographs of the scene were admitted into evidence.
The responding officer testified that he believed––from “the level of violence
and course of control . . . observed, not only in [Mother’s] injuries that day and then
the photographs that she showed [him] on her cell phone but also the signs of
violence in the house”––that Mother “was in continuous danger as long as she
remained in a relationship with” Husband. The officer completed a protective-order
packet on Mother’s behalf, but she was not receptive to getting a protective order.
Mother later told the FBSS representative that she was going to lie to the court
and say that she was the aggressor in this incident. This did not occur because the
charges were dropped after Mother told law enforcement that Husband should not be
prosecuted.
FBSS Case Closed
FBSS closed its case in August 2021 because Father was being appropriately
protective of the children. During a pre-case-closing interview with the FBSS
12
representative, the children appeared to be nervous and anxious at the prospect of
visits with Mother. John said that when he was younger, he thought he had a good
mom, but that was because he did not know any better. He had since learned that
moms were not supposed to act like Mother had, and he did not think that she ever
would change. When the representative indicated that the case would be closing, the
children expressed their belief that CPS would be back in their lives.
December 2022 Incident
Father and Mother entered into an amendment to the visitation schedule “with
the idea of restoring full visitation rights to [Mother] as she continue[d] to provide a
safe environment for the children during visits.” The amendment provided for a
stair-step plan under which Mother would start with supervised visits and work her
way up to unsupervised visits. To work her way up, Mother had to provide clean drug
tests, and she had to blow into a Breathalyzer before and after visits.
According to Father, Mother did not consistently work her way through the
stair steps; she would move up and down. He did not “recall the number of times that
she fell completely back down[] but that [it] was almost immediately when the plan
was put in place.” Father said that the only times he denied Mother access to the
children was when she failed a drug test. A couple of times, Father supervised a visit
as a favor because Mother showed up without a supervisor. In August 2022, Mother
provided Father with documentation that she had taken a drug test that was positive
13
solely for methadone.10 Thus, in October 2022, Mother was able to obtain
unsupervised visitations again.
On December 10, 2022, Mother scheduled a visit11 at a hotel off I-35 instead of
at her home because, according to Father, “[s]he had mentioned [that] there may
[have been] issues with [Husband’s] leaving the residence, not having a place for him
to go to accommodate the visits, and that this was just going to be easier for them.”12
After dropping off the children,13 Father got a phone call from the hotel that caused
him extreme concern, and he called the police when he could not get Mother to pick
up a call.
Father found the children outside the hotel under a street lamp carrying some
of their belongings. Using the children’s key card, he went into the hotel room to get
the rest of their belongings; Mother was not there. He saw a “half empty wine bottle,
During discovery in this suit, Mother provided Father with a drug-test result
10
from the same lab, collected on the same date, with the same specimen number,
which showed that instead of being positive solely for methadone, the test was
positive for amphetamine, opiates, codeine, morphine, heroin, methadone, EDDP,
and Tramadol. See Crawford v. State, 496 S.W.3d 334, 338 (Tex. App.—Fort Worth
2016, pet. ref’d) (EDDP is methadone metabolite). Father testified that he would not
have let the children attend the December 2022 visit with Mother had he known
about this test result. Mother admitted at trial that she had faked a clean drug test.
11
This was Mother’s second or third unsupervised visit since regaining them.
At trial, Mother testified that she made this alternative arrangement because
12
she “did not want to be at the house where there was drug use.”
13
Mother testified that John was not present for this visit.
14
empty vodka bottle, jar HTC [sic] gummies that were half empty, and then a couple of
bottles of medication, one [of which] was not prescribed to her.” When Father went
back to the hotel’s front desk, the attendant was talking on the phone to Mother.
Father took the phone, and Mother said “that she [had] really messed up” and “didn’t
want to get in trouble” or “have the children taken away.” Father had to convince her
to come back to the hotel. Mother told Father that she was going to get help.
According to Father, the children were scared; Grace was in tears and
“extraordinarily hurt and shaken.” She needed counseling after that night.
A Fort Worth police officer who responded testified that Grace and Father had
reported that Mother was intoxicated and threatening suicide. He talked to Grace,
who “was actually the one that dealt with most of the brunt of whatever the situation
was at the time being in that room.” Grace was worried about her younger siblings
and Mother.
The officer’s bodycam was admitted into evidence. Grace told the officer that
Mother had started to act strangely––emotional and crying––and Grace asked her if
she had been drinking. Grace asked Mother to take a Breathalyzer; Mother attempted
to blow into it but was evasive. Mother accused Grace of finding the alcohol she had
brought in her suitcase. She also hung up the phone when Grace tried to call Father.
According to Grace, Mother got in her face until Grace’s brother pushed her away.
Mother told Grace the dispute was all her fault and that she would kill herself, and it
15
would be Grace’s fault that the children would never see her again. However, Grace
stated that she did not think that Mother would actually have committed suicide.
According to the officer, when he went to the room to look for Mother, the
hotel room was “in shambles [with] crap everywhere,” but he did not see any alcohol
or other substances. He interviewed then fifteen-year-old David, who had been
staying in a room next door; David said that he “could hear . . . the screaming and
hollering from the other room.” David had asked his siblings to leave the room so as
not to be exposed to what was happening with Mother and Grace, who was thirteen
at the time. The officer did not see any physical injuries on the children.
Mother was gone for about an hour.14 When she showed up at the hotel,
Mother admitted that she had been drinking; she pleaded “to . . . get some type of
alcohol or detox facility to get the help she needed.” Before Mother left, the
responding officer allowed her to retrieve “the gummies that she had mentioned
outside.”15 They were “within the room” and “reachable.” Mother threw the gummies
out and then left with MedStar that night.
A different CPS investigator investigated the December 2022 incident. The
children told the investigator that Mother had threatened to commit suicide. They also
14
According to Mother’s trial testimony, she just went around the corner to
hide from the children but kept an eye on them.
15
Mother referred to them as Delta-8 gummies.
16
said that Mother had “appeared to be under the influence of alcohol,” “charged at one
of the children,” and told them to “leave the . . . motel room.”
Mother admitted to the investigator that she had “messed up and that she took
full responsibilities of her action.” She said she wanted help, so the Department
offered her community resources. However, the Department closed its case because
Father was able to care for the children. As the investigator explained, “When we
close out a case with a protective caregiver or parent involved, the children are more
than likely . . . in the care of that protective caregiver or parent and the Department
leaves it to them to make sure the children remain safe.” The Department made a
reason-to-believe determination for neglectful supervision by Mother.
This was Mother’s last unsupervised visit with the children. Father testified that
the police interaction had a negative effect on the children, but he added that,
“unfortunately, they’re so familiar with interfacing with officials that that particular
piece didn’t affect them as much as you would think.” Later, during play therapy,
Arthur expressed that having police officers present when he visited with Mother
would make him feel safe.
2023 Through February 2025
Mother testified at trial that she had last used heroin in March 2023. Father
filed his petition to terminate Mother’s parental rights in May 2023. In July 2023,
Mother had a drug test that was positive for amphetamine, methamphetamine,
morphine, and codeine. Her August and September 2023 tests were positive for
17
methamphetamine and amphetamine. Mother’s last positive drug test was in October
2023.
In December 2024, an Arlington police officer encountered Mother when
responding to a welfare check for a possibly suicidal person. Mother was distraught,
crying, and said she needed help. She was clearly intoxicated and said that she had
been drinking because her children had been taken away from her. The officer took
Mother to JPS and checked her into the emergency room.
February 8, 2025 Library Incident
Diana Torres, a Tarrant County Family Court Services contractor, supervised
Mother’s visits with Arhtur, Greg, and Darlene from February 2024 to February 2025.
Torres testified that during most of the visits, Mother was loving and attentive, and
the children were happy to see her and wanted the visits to be longer.
The last visit Torres supervised was at the Arlington Public Library. According
to Torres, Mother’s behavior that day was different than it had been before; she was
acting “weird,” and it “appeared like she couldn’t walk in a straight line.” Mother
“talked to every person that she saw,” made inappropriate comments, and tried to
touch other people’s children without their permission.16 Even the children asked
Mother why she was acting weird. However, Torres could not smell alcohol or
marijuana on Mother.
Mother testified that she was “just very interactive” with the other children in
16
the library, “giving them high-fives.”
18
Torres testified about a specific odd instance of behavior:
We walked outside to a little water fountain outside of the public library
where she and [Greg] appeared to be discussing something that looked
private. When I approached -- I was there waiting, and I asked her what
they were talking about, because they were whispering and they are not
allowed to do that during a supervised visit, and she did not want to tell
me. And I asked her multiple times not to whisper and that they had to
tell me what the conversation was about, and she started repeatedly
saying suicide louder until she yelled the word suicide. And she did not
go into detail about that. But I told her that whispering was not allowed
or I would have to end the visit early.
Mother continued to have bizarre interactions with other library patrons. She
got into the fountain with her shoes and socks on. Mother was never alone with the
youngest child, Darlene, but she did have one of the boys, Arthur, sit on her lap.
Torres testified that she had to leave Mother and the children unsupervised in
the computer section for a couple of minutes so that she could use the restroom. She
considered ending the visit early, but at first she thought Mother was just being silly
and trying to make the children laugh. When she realized something was very wrong,
there was only about fifteen to twenty minutes left in the visit.
Arthur had an emergency session with his therapist after the library visit. He
was “fearful, angry, and upset.” Arthur
shared . . . that while sitting on mom’s lap she was moving her hand up
his leg towards his groin and he lifted himself up to get her to stop and
then he sat back down in her lap where then she proceeded to move her
hand up his leg again and touched his groin and he became very
uncomfortable and then removed himself from mom’s lap all together.
19
Arthur told the therapist that this happened at the library near some computers.
Arthur “was . . . crying a little bit.” He expressed fear that Mother “was going to come
and take him.” The therapist had never seen Arthur like that.
Greg shared with the therapist that Mother was acting “weird” at the library
visit, and he was concerned because Mother kept asking if the children would miss
her if she were gone. Darlene was confused and uncomfortable. She could see that
Mother “was vaping during the visit where the supervisor couldn’t see it.”
The therapist reported what Arthur had told her to CPS, but CPS made a
ruled-out disposition. Notes from CPS interviews with Arthur, Greg, and Darlene
were admitted into evidence; they contain the notation that the “outcry did not rise to
the level of sexual abuse” and that a police detective had determined that “there was
no offense.”
After the library incident, Mother’s visits with the children were immediately
suspended. She was able to resume visits with the youngest three children in June or
July 2025, but the older two voluntarily declined to attend any more visits with
Mother thereafter.
At trial, Mother testified that she had lied to CPS in March 2025 when she said
that she was not under the influence of any drugs or alcohol at the library visit. But
she adamantly denied the allegation that she had touched Arthur inappropriately.
When asked about her reaction to the allegation, Mother testified,
20
I have been with my kids their whole lives, and if I was going to do that,
it would have already happened. Why would I do that in public? And
why was there never any accusations? Because if someone’s got a sick
mind, they’re not going to try it the first time at a supervised visit.
February 2025 Police Interactions
Father presented evidence from a then-Burleson police officer who
encountered Mother in February 2025 when responding to a “disturbance for an
intoxicated individual walking around the neighborhood.” Mother showed signs of
intoxication, and the officer was concerned for her well-being. Mother mentioned
several times that she was going to kill herself and at least once threatened that she
would try to do it in the back of the police car. When Mother was arrested, she
admitted that she had been arrested for public intoxication twice the week before.
An Arlington police bodycam video from a February 14, 2025 interaction with
Mother was admitted into evidence and published to the jury. Over the course of the
video, Mother, who was intoxicated, became increasingly agitated and began
screaming obscenities and derogatory comments at Husband and the police. As her
friend Anne put it, “She was spewing stuff. . . . [I]t was not pretty.”
At trial, Mother admitted that she had relapsed on alcohol in February 2025,
and she attributed the relapse to her hopelessness about the case after meeting with
the children’s ad litem.
21
Grace and John knew about Mother’s February 2025 public-intoxication arrests
because they knew how to find that information online and had looked up Mother’s
arrest records. Father denied having shown them how to do so.
Mother’s Improvement
Mother had ten negative drug tests between October 2023 and January 2026.
She was able to start one-hour weekly supervised visits at the Tarrant County
courthouse with the younger three children––Greg, Arthur, and Darlene. A
courthouse visitation center employee who supervised five of the visits testified that
Mother was “really good with the kids. They’re always joking around. You know,
sometimes they get a little too loud and she has to tell them, like, hey, you know, keep
it down, there’s more people in here. But for the most part they have good visits.” At
the first visit, the children were “a little nervous, but after that they were fine.”
Mother was attentive to the children, and the quality of their visits was good––the
children looked happy and were smiling and laughing. The employee had no safety
concerns.
Mother testified that she had been sober since late February 2025 and that she
had been to inpatient treatment either that February or March. She took a
Breathalyzer test before each visit with the children: at 9:00 p.m. the night before, at
8:00 a.m. and 2:00 p.m. on the day of, and fifteen minutes before the visit’s start.
According to Mother, this Breathalyzer program was different than the one she had
been using before because it took video of her testing. She testified that she would
22
not be able to fake a negative test with it and that she could no longer fake a drug test
because those results were sent directly from the lab to Father’s attorney.
Overall Effect on Children
The children started counseling in mid-2023. Because they were so angry and
upset about Mother’s behavior, Grace and John had voluntarily stopped attending
visits with Mother around October 2023. As Father explained, “It just is a repeated
cycle that really has hurt the children so much that the three eldest just - - they don’t
want to be hurt anymore.” After the February 2025 library incident, the younger three
were sad, “but there was tremendous relief that they weren’t going to have to go back
for awhile.”
According to Father, Grace struggled the most with the prospect of seeing
Mother: “even just mom appearing at an event would trigger her.” She sometimes
avoided her siblings’ activities to avoid any kind of contact with Mother. The younger
three children wanted to see Mother at their extracurricular activities,17 but only
Darlene, the youngest, was excited about the prospect. All of the older children were
worried at the thought. Father agreed that the litigation had been stressful for all of
the children.
Grace’s therapist testified that Grace “was very fearful, fearful for her life [and]
her siblings’ lives,” due to Mother’s intoxicated behavior. In therapy, they had worked
17
Father testified that Mother had not been able to attend extracurricular
activities since February 2025.
23
intensely on processing the two December events, and Grace needed more therapy at
Christmas time. After the December 2020 visit, Grace “said that she wanted to
protect [her siblings] at all costs and make sure that she could get them to safety.”
Grace told her therapist that she felt she had taken on a mother role for her siblings.
The therapist said that this is not age appropriate. Grace was concerned about not
being there to protect her siblings from Mother in the future and “worried that
history will repeat itself, [that] things will happen again, and the kids won’t be safe.”
John also expressed concern about how visiting with Mother might impact his
younger siblings. According to his counselor, John “doesn’t trust that she can care for
them, provide comfort, and keep them safe.”
When asked why he thought terminating Mother’s parent–child relationships
with the children would be in their best interest, Father stated, “Because of their
reaction and what’s happened to them psychologically and temporarily
performance-wise as they’ve been exposed to these visits where [Mother’s] been
inebriated and has said some really hurtful things that just really . . . have stuck and
just replayed in their minds over and over and over.”
Analysis–Endangerment
We conclude that the evidence is both legally and factually sufficient to prove
that Mother endangered the children by her conduct directly tied to her substance
abuse. Mother’s behavior at the December 2020, May 2021, and December 2022 visits
was fueled by her alcohol consumption. The children were frightened and emotionally
24
impacted by her behavior. Because of Mother’s conduct, the children were unable to
have more than a few unsupervised visits with her in over five years––from October
2020 through the time of trial in early 2026. Her older three children did not want to
visit with her, and the younger three were apprehensive to visit without supervision.
Even Mother agreed when asked to admit that her addiction had “caused the children
to be placed in dangerous situations” and that her conduct had endangered the
children’s “physical safety” and “emotional well-being.”
Mother argues that there was no evidence that she ever inflicted physical
injuries on the children and that evidence of her almost-year-long sobriety before trial
outweighed the evidence that she endangered the children in the past. But we
conclude that the jury did not have to give more weight to the lack of physical injury
and Mother’s pretrial improvement. See, e.g., R.R.A., 687 S.W.3d at 277 (“[T]he
ordinary meaning of endangerment . . . does not require actual harm[.]”); In re J.O.A.,
283 S.W