In the Interest of R.N., a Child v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledOctober 29, 2026
Docket11-26-00135-CV
StatusPublished
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Full Opinion
Opinion filed October 29, 2026
In The
Eleventh Court of Appeals
__________
No. 11-26-00135-CV
__________
IN THE INTEREST OF R.N., A CHILD
On Appeal from the 35th District Court
Brown County, Texas
Trial Court Cause No. CV2401004
OPINION
The Texas Supreme Court recently reiterated that “[s]undering the ties
between parent and child ‘can never be justified without the most solid and
substantial reasons.’” In re J.Z.A., 738 S.W.3d 805, 808 (Tex. 2026) (quoting
Wiley v. Spratlan, 543 S.W.2d 349, 352 (Tex. 1976)). In the underlying case, the
jury unanimously found that the mother and the father of R.N. 1 endangered R.N. and
that termination is in the child’s best interest. See TEX. FAM. CODE ANN.
§§ 161.001(b)(1)(D), (E), (b)(2) (West Supp. 2026). The jury also found that the
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To protect the identities of the child and the child’s family members, we use pseudonyms or initials
to refer to them when appropriate. See TEX. R. APP. P. 9.8(b).
Texas Department of Family and Protective Services (the Department) made
reasonable efforts to return R.N. to the parents, and despite those reasonable efforts,
a continuing danger remained in the home that prevented the return of the child to
them. See id. § 161.001(f). The trial court thereafter signed an order terminating
each parent’s parental rights to R.N.
Mother and Father filed this accelerated appeal in which they collectively
present five issues. In their first and third issues, Mother and Father assert
that evidence of Father’s juvenile sex offender status should have been excluded
under Rule 403 of the Texas Rules of Evidence and that such evidence was
improperly highlighted in the trial court’s charge. In their second issue, Mother
and Father challenge the legal and factual sufficiency of the evidence to support
the jury’s findings that: (1) each parent endangered R.N. pursuant to
Section 161.001(b)(1)(D) and (E); (2) termination of each parent’s parental rights is
in R.N.’s best interest; and (3) the Department made reasonable efforts to return R.N.
to the parents and, despite those reasonable efforts, a continuing danger existed in
the parents’ home that prevented the return of R.N. to them. See FAM.
§§ 161.001(b)(1)(D), (E), (b)(2), (f). In their fourth issue, Mother and Father assert
that the trial court’s judgment does not survive strict scrutiny. In their fifth issue,
Mother and Father contend that the trial court failed to properly incorporate
Sections 153.002 and 161.001(f) in its charge. See FAM. §§ 153.002, 161.001(f).
For the reasons discussed below, we reverse and remand this cause to the trial
court for a new trial.
I. Termination Findings and Standards
The Department must “clear[] a high bar” to justify terminating one’s parental
rights. In re K.N., 741 S.W.3d 165, 178 (Tex. 2026); see also In re H.S., 741 S.W.3d
4, 8–9 (Tex. 2026) (re-emphasizing that terminating parental rights “‘is always the
last resort’ . . . permissible to protect children from serious harm . . . [and] may be
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exercised only in the absence of other legitimate options.” (quoting D.V. v. Tex.
Dep’t of Fam. & Protective Servs., 722 S.W.3d 854, 861 (Tex. 2025))).
To support termination under this heightened standard, the Department must
present clear and convincing evidence that: (1) the parent has committed one of the
acts listed in Section 161.001(b)(1); and (2) termination is in the best interest of the
child. See FAM. § 161.001(b). However, and despite affirmative findings to the
above, a trial court may not order termination under Section 161.001(b) unless it
finds by clear and convincing evidence that the Department made reasonable efforts
to return the child to the parent before the trial on the merits commences and that,
despite those reasonable efforts, a continuing danger remains in the parent’s home
that prevents the child’s return to the parent. Id. § 161.001(f). Clear and convincing
evidence is “the measure or degree of proof that will produce in the mind of the trier
of fact a firm belief or conviction as to the truth of the allegations sought to be
established.” Id. § 101.007 (West 2019). This standard “is unforgiving” and “the
government may not sever the legal ties between parents and children without
clearing [this] high bar.” K.N., 741 S.W.3d at 178.
In this case, the jury found that clear and convincing evidence established that:
(1) Mother and Father knowingly placed or knowingly allowed the child to remain
in conditions or surroundings which endangered the physical or emotional well-
being of the child; (2) Mother and Father engaged in conduct or knowingly placed
the child with persons who engaged in conduct which endangered the physical or
emotional well-being of the child, see FAM. § 161.001(b)(1)(D), (E); and
(3) termination of each parent’s parental rights is in the child’s best interest. See id.
§ 161.001(b)(1)(D), (E), (b)(2). The jury additionally found that the Department
engaged in reasonable efforts to return the child to the parents and, despite those
reasonable efforts, a continuing danger remained in their home that prevented the
return of the child to them. See id. § 161.001(f).
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In reviewing a legal sufficiency challenge, we must decide whether “a
reasonable trier of fact could have formed a firm belief or conviction that its finding
was true.” In re J.W., 645 S.W.3d 726, 741 (Tex. 2022). Cognizant of our deference
to the factfinder, “we look at all the evidence in the light most favorable to the
finding, assume that the factfinder resolved disputed facts in favor of its finding if a
reasonable factfinder could do so, and disregard all evidence that a reasonable
factfinder could have disbelieved or found to have been incredible.” Id. (internal
quotation marks omitted). “However, we may not disregard ‘undisputed facts that
do not support the finding.’” Id. (quoting In re J.F.C., 96 S.W.3d 256, 266 (Tex.
2002)). Because “the factfinder remains ‘the sole arbiter of the witnesses’ credibility
and demeanor’” under this standard, we may not substitute our judgment for that of
the factfinder. Id. (quoting In re J.F.-G., 627 S.W.3d 304, 312 (Tex. 2021)).
When we assess whether the evidence is factually sufficient to support the
finding, we weigh the disputed evidence that is contrary to the finding against all
evidence that favors it. In re A.C., 560 S.W.3d 624, 631 (Tex. 2018). We give due
deference to the finding, and determine whether, based on the entire record, a
factfinder could have reasonably formed a firm belief or conviction about the truth
of the allegations asserted against the parent. In re J.O.A., 283 S.W.3d 336, 345
(Tex. 2009); In re C.H., 89 S.W.3d 17, 25–26 (Tex. 2002); In re L.C.C., 667 S.W.3d
510, 512 (Tex. App.—Eastland 2023, pet. denied).
II. General Background About the Case
R.N. was born on October 24, 2023, to Mother and Father (the parents), both
of whom were very young at the time. R.N. was their first child.
R.N. was not gaining weight while in the parents’ care and was diagnosed on
November 29, 2023, by her pediatrician with “feeding problems.” By December 11,
2023, R.N. continued to struggle with gaining weight, was diagnosed with “failure
to thrive,” and was hospitalized. During R.N.’s hospitalization (from December 11
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to December 16), the parents were given instructions on how to feed her. R.N. was
subsequently released and sent home with the parents under a safety plan that
required them to document R.N.’s feedings and have twenty-four-hour supervision
to ensure R.N. was receiving the correct feeding volume and frequency. R.N. gained
some weight initially but was again hospitalized on January 3, 2024, because of her
weight status. This hospitalization lasted seven days.
The parents sought a second opinion about her medical condition and testing
from Cook Children’s Medical Center (Cook’s) when R.N.’s pediatrician refused
the parents’ requests for R.N. to see a specialist. The parents took the child to Cook’s
between the first and second hospitalizations. Cook’s treated R.N. for acid reflux
and released her.
During R.N.’s first hospitalization, the Department received an intake because
of the child’s failure to thrive. The Department and the parents agreed to a safety
plan that required the parents to maintain feeding logs and be supervised while R.N.
was in their possession. The parents did not maintain accurate feeding logs, they
violated the supervision requirement, and they refused to feed R.N. as instructed by
medical staff. After learning that the parents had violated the safety plan, the
Department reviewed the safety plan requirements and offered services through
Family Based Safety Services (FBSS). 2 See FAM. §§ 262.402–.410, 264.203. The
parents agreed to participate in FBSS. The Department also discussed options with
the parents for entering a parent child safety placement plan (PCSP) and sending
photographs of the bottles that were used for feeding to create a digital feeding log.
See FAM. Chapter 264, Subchapter L, “Parental Child Safety Placements.”
2
“Family-based safety services are protective services provided to a family whose children are not
in the conservatorship of the Department.” 40 TEX. ADMIN. CODE pt. 19 ch. 700 subch. G div. 2 § 710
(2021). The Department’s Child Protective Services Division provides family-based safety services to
families and children “to: (1) protect the children from abuse and neglect; (2) help the family reduce the
risk of future abuse or neglect; and (3) prevent the removal of the children from their home.” Id.
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Within fifteen hours after R.N. was discharged from her second
hospitalization, R.N. lost approximately an ounce in weight. The Department then
obtained an order to remove the child and was appointed as the child’s temporary
managing conservator. The adversary hearing was held on January 25, 2024, at
which time the parents agreed to the Department’s requested relief, including
temporary sole managing conservatorship. A comprehensive medical review was
ordered at this hearing, but the order was silent as to whether the review included
genetic testing. No genetic testing results existed at the time of the adversary
hearing.
After removal, R.N. was originally placed with her maternal grandmother,
Miranda Harrington, and she gained weight while in Harrington’s care. After about
three months with Harrington, the parents requested that R.N. be moved to
Brownwood, which was closer to them, for visitation purposes. R.N. was then
moved to Christopher and Joann Alva’s home in Brownwood, but two or three days
after the child arrived there, the parents moved to San Antonio.
A family plan of service was signed by the parents and adopted as an order of
the trial court. Thereafter, the Department referred services for the family.
On October 3, 2024, Father filed an interlocutory appeal challenging the
temporary orders that the trial court made following a de novo permanency hearing,
which we dismissed for lack of jurisdiction. In re R.N., No. 11-24-00265-CV, 2025
WL 863773, at *1–2 (Tex. App.—Eastland Mar. 20, 2025, no pet.) (mem. op.).
On April 11, 2025, the parties executed a Rule 11 Agreement that contained
a plan for the parents to transition into a monitored return. The transition plan was
delayed because of an intake for the alleged sexual abuse of R.N. by Father, which
the Department ultimately ruled out. On July 30, 2025, R.N. was placed on a
monitored return with the parents in San Antonio.
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At the beginning of the monitored return, the Department visited the parents’
home and found it to be clean. During subsequent visits, however, the Department
developed safety and cleanliness concerns for the parents’ home. Because of
conditions of the parents’ home, the Department initiated an investigation into the
alleged physical neglect of R.N. A week later, R.N. was removed from the
monitored return, pursuant to a writ of attachment, and placed back in the Alvas’
home in Brownwood, where she remained throughout the trial. The monitored
return lasted seventy-two days. The parents thereafter filed a pro se petition for writ
of mandamus, which we denied because of the existence of hybrid representation.
In re N.N., No. 11-25-00314-CV, 2025 WL 3480723, at *1 (Tex. App.—Eastland
Dec. 4, 2025, orig. proceeding) (mem. op.).
A jury trial was demanded on November 13, 2024, and an extension was
granted on December 9, 2024, at Father’s request. The Department articulated the
extraordinary circumstances that existed at that time, including that the parents were
not working services, following recommendations, nor showing behavioral changes.
Other events that contributed to the necessity for the extension were a change in the
judge who was assigned to preside over the case, the timing of Father’s request for
a jury trial, and the substitution of Mother’s trial attorney because of a conflict that
developed during the case.
The jury trial commenced on March 23, 2026, and concluded on March 27,
2026. At the time of trial, R.N. was approximately two years and five months old.
Fourteen witnesses testified during the trial, including three Department
investigators (Jeremiah Wenzel, Chrisstena Nelson, and Johnny Longoria), the most
recent 2INgage caseworker (Amanda Poole), a San Antonio courtesy worker from
the Department (Faith Parchem), both parents, one of Father’s prior attorney’s
(Emily Miller), R.N.’s maternal grandmother (Miranda Harrington), R.N.’s maternal
aunt (Trinity Tilley), R.N.’s primary pediatrician (Dr. Scott Morris), R.N.’s pediatric
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geneticist (Dr. Claudia Soler-Alfonso), a child abuse pediatrician (Dr. Marcus
DeGraw), and R.N.’s current placement (Joann Alva). A portion of the transcript
from a de novo permanency hearing held on September 30, 2024, which contained
testimony of both parents and another Department caseworker, Diane Hackney, was
also read to the jury.
III. The Evidence Presented at Trial
Because an abundance of evidence, witness testimony, and documentary
evidence was presented during the trial of this case, and because of our disposition
of this appeal, we believe it is necessary to discuss in detail the evidence that is
pertinent to the issues we address below.
A. Jeremiah Wenzel
Jeremiah Wenzel was the Department investigator who was assigned during
R.N.’s first hospitalization to investigate the allegation of R.N.’s failure to thrive.
This intake did not include concerns about the parents’ home. On December 13,
Jamie Rickafort, a nurse, told Wenzel that the parents were focused during their
conversations with R.N.’s treating physician (Dr. Hull) but did not appear to be
comprehending the information provided to them by the medical staff. Brandi
Pemberton, a social worker at Hendrick Hospital in Brownwood, also reported that
day to Wenzel that the parents were not understanding the necessary parenting skills.
During R.N.’s hospitalization, there was continued concern for the parents co-
sleeping despite being provided with co-sleeping written material and verbal
instructions on multiple occasions. On December 26 and 27, 2023, Wenzel was told
by Dr. Hull that he had no concerns about R.N. not gaining weight.
On January 3, 2024, Wenzel arrived at the parents’ home around 9:30 a.m.
and observed the parents in possession of R.N. without a safety monitor. The parents
reported that one safety monitor, Howard Johnson, left for work between 6:00 a.m.
and 7:00 a.m. and the other monitor, Jacob Johnson, was asleep. The parents had
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been alone with R.N. for approximately two to four hours. The Department did not
seek to remove the child after this violation of the safety plan. Instead, Wenzel
reviewed the safety plan with the parents again and agreed to continue with FBSS.
Notably, Wenzel found in his initial investigation that there was reason to believe
that R.N.’s failure to thrive was related to the parents’ inability to care for and feed
her.
After removal, the parents proposed that R.N. be placed with Harrington.
Wenzel testified that the Department discussed with the parents that Harrington’s
home “was a long distance” from Brownwood and requested other placement
options that were geographically closer.
Wenzel recalled that the parents were concerned that R.N.’s physicians were
not “doing anything” that improved the child’s condition. Wenzel agreed that the
parents acted appropriately by seeking medical treatment for R.N.
B. Chrisstena Nelson
Chrisstena Nelson was temporarily assigned as an investigator while Wenzel
was on vacation. Nelson visited the parents at the hospital on January 5 and 8 during
R.N.’s second hospitalization. Mother’s explanations to Nelson regarding R.N.’s
missed feedings did not coincide with the feeding logs. When questioned by Nelson,
Mother admitted that she was randomly filling in the feeding times and amounts.
Mother also admitted that she and Father were not following the safety plan
requirement of 24/7 supervision. Nelson discussed various options with the parents
such as entering a PCSP and sending photographs of the bottles that were used for
feeding to create a digital feeding log. The parents said they had no options for the
PCSP; they agreed to the digital feeding log but then never implemented it.
According to Nelsen, the parents also violated the safety plan by arriving at the
hospital unsupervised with R.N.
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When R.N. was discharged from her second hospitalization, she left with the
parents, even though the Department was aware that the parents were not complying
with the safety plan. Nelson understood that the event that caused the Department
to seek removal was because R.N. lost an ounce of weight within approximately
fifteen hours of being discharged from her second hospitalization.
C. Dr. Scott Morris
Dr. Scott Morris was R.N.’s pediatrician from R.N.’s birth through trial,
excepting the time that R.N. was in San Antonio during the monitored return to the
parents. At birth, R.N. appeared healthy; however, Dr. Morris acknowledged that
R.N. had a genetic problem that was not identifiable on the newborn exam. R.N.
weighed eight pounds at birth. Dr. Morris testified that on November 29, R.N.
weighed eight pounds and fourteen ounces. R.N. was under the care of her parents
during this time. On that date, Dr. Morris diagnosed R.N. with feeding problems.
Dr. Morris saw R.N. again on December 11, and she weighed eight pounds
and fifteen ounces. Dr. Morris expected typical weight gain to be about an ounce or
thirty grams each day. Dr. Morris diagnosed R.N. with failure to thrive, and R.N.
was thereafter hospitalized for five days. R.N.’s weight improved from eight pounds
and fifteen ounces to nine pounds and six ounces during this hospitalization.
According to Dr. Morris, R.N.’s feedings were conducted by nurses, the parents with
nurse supervision, and the parents while documenting the feedings. Dr. Morris
testified that the parents did well with the feedings during this hospitalization. When
R.N. was discharged with the parents, Dr. Morris requested a safety plan that
required the parents to document R.N.’s feedings and supervision to ensure that R.N.
was receiving the prescribed feeding volume at the correct frequency. R.N. weighed
nine pounds and five ounces on December 16 when she was released from the
hospital to the parents.
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While in the care of the parents after the first hospitalization, Dr. Morris
reported that R.N. initially gained some weight but was ultimately required to be
hospitalized a second time on January 3, 2024. R.N.’s weight between the first and
the second hospitalizations only increased one ounce. Dr. Morris characterized the
child’s weight gain on December 19 as great but stated that R.N.’s weight gain
between hospitalizations was not appropriate, that R.N. was endangered by being at
home with the parents, and that R.N. was again in a life-threatening situation.
Dr. Morris reported that, during R.N.’s hospitalizations, R.N. gained weight
and grew appropriately, but not while she was under the care of her parents. When
asked if the problem was social versus genetic, Dr. Morris indicated it was multi-
factorial, but a significant factor was a social one. Dr. Morris had “grave concern[s]”
about the social problems before R.N. was removed because R.N. was able to gain
weight while feedings were supervised. Although he could assign “concern,”
Dr. Morris could not assign percentages as to whether R.N.’s condition was because
of her genetic variation, social factors, cardiac concerns, or the care provided by her
caregivers.
On or about July 30, 2025, R.N. was placed on a monitored return with the
parents in San Antonio. R.N. returned to see Dr. Morris with the Alvas on
October 11, 2025; she weighed twenty pounds. Two days later, R.N. weighed
twenty-one pounds and two ounces. Dr. Morris concluded that R.N. did not gain
significant weight during the monitored return but did as soon as she returned to the
Alvas.
Dr. Morris characterized the weight that R.N. gained between the October 11
and 13 visits as substantial. He “wondered if the child was hungry,” and further
indicated that he could “only imagine” that the child’s gain in weight was from either
consuming a lot of food and water or not having previously been given much food
or water.
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Dr. Morris acknowledged that R.N.’s weight at times vacillated with illness
and, at least one decline, was because R.N. was weighed while clothed instead of
being naked. For example, on June 23, 2025, R.N. weighed nineteen pounds two
ounces but a few days later, while having a fever, R.N. weighed eighteen pounds six
ounces. Dr. Morris admitted that the child lost and gained weight while in the care
of the Department, the parents, and the Alvas. Dr. Morris also testified that some of
R.N.’s weight loss while the child was not in the parents’ care were because of
illness. Dr. Morris described R.N. as difficult to feed at times.
Dr. Morris instructed the parents during R.N.’s hospitalization about how to
properly feed her, and to maintain feeding logs before the second admission.
Although the parents followed feeding instructions during R.N.’s hospitalizations,
Dr. Morris testified that by the second hospitalization the parents were not meeting
the child’s needs, the child was in danger, the parents were not able to keep the child
healthy, the child’s nutritional goals were not being met during a critical time period
for nutrition, and efforts had been made to help the parents correct the situation.
Dr. Morris could not discern whether the parents completely comprehended the
instructions that he gave them or if the parents were simply unwilling to follow them.
If the parents had followed the instructions, Dr. Morris stated that R.N. would not
have been hospitalized the second time. However, Dr. Morris admitted that he had
no evidence that the parents were not following his feeding instructions during the
times that R.N. lost weight while in their care and acknowledged that the parents
showed concern for R.N. by taking her to his clinic. Dr. Morris described R.N. as
thriving as of the date of trial.
D. Dr. Claudia Soler-Alfonso
Dr. Claudia Soler-Alfonso is a pediatrician and medical geneticist at Cook’s.
Dr. Soler-Alfonso had only one video appointment with R.N. The purpose of the
appointment was to provide a second opinion regarding R.N.’s genetic testing that
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was performed by a prior geneticist sometime in June 2025. Dr. Soler-Alfonoso
never spoke to the parents.
According to Dr. Soler-Alfonso, the genetic testing clearly explained R.N.’s
developmental delays but did not provide much insight as to her growth delays. R.N.
has a very serious genetic issue that affects how the brain develops, specifically for
movement and development. A child with developmental differences is referred to
as a child with neurodevelopmental conditions; those children often have feeding
issues, such as with swallowing and getting or demonstrating hunger cues. If feeding
difficulties from neurodevelopmental conditions are sustained over time, it can result
in a diagnosis of failure to thrive.
As for R.N., Dr. Soler-Alfonso stated that additional evaluations were
necessary to determine whether R.N.’s genetic conditions were affecting her ability
to feed and grow. Those evaluations included physical, occupational, speech, and
feeding therapies. Dr. Soler-Alfonso noted in her records the reasons for R.N.’s
developmental delays and failure to thrive, and nothing in Dr. Soler-Alfonso’s report
suggested that the parents actions or inactions could have caused the child’s genetic
variations.
E. Dr. Marcus DeGraw
Dr. Marcus DeGraw testified on behalf of the parents. Dr. DeGraw was
tendered as an expert in the fields of general child pediatrics and child abuse
pediatrics. Dr. DeGraw only reviewed R.N.’s medical records; he did not physically
examine R.N. Nor did Dr. DeGraw speak with Dr. Morris, Dr. Hull, Dr. Soler-
Alfonso, the nurses at the hospital, or the parents. However, Dr. DeGraw testified
that physically examining R.N., or speaking with the pediatricians or the parents
would not change his opinions.
Dr. DeGraw disagreed with Dr. Morris’s opinion that the child’s failure to
gain weight was largely a result of the parents’ ability to feed the child rather than
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the child’s genetic problem. Dr. DeGraw opined that any doctor’s concern during
R.N.’s early infancy was appropriate but a neglect theory at the time of trial “bl[e]w
[his] mind.” Although the approach by R.N.’s doctors to hospitalize her was
appropriate, Dr. DeGraw disagreed that illness, unless significant, would cause
weight loss for a child and he did not believe it was an appropriate suggestion that
R.N. only struggled when ill.
In Dr. DeGraw’s opinion, R.N.’s genetic condition was likely the primary
reason for her early failure to thrive and persistent difficulty with growth.
Dr. DeGraw testified that, despite a complete change in parenting, venue, and care,
the child continued to struggle with growth and gaining weight. Dr. DeGraw stated
that there was nothing in the files that he reviewed that caused him concern that the
parents abused or neglected R.N.
F. Trinity Tilley
Trinity Tilley is Mother’s sister; she was twenty at the time of trial. Tilley
lived in Brownwood when R.N. was born. Tilley testified that initially the parents
and R.N. lived in an apartment but were evicted a couple of weeks after R.N. was
born. Following the eviction, the parents and R.N. moved into Howard’s home, who
Mother referred to as both her “dad” and “stepdad.” Tilley, her child, and an uncle
also resided in Howard’s home. The parents and R.N. began residing at Howard’s
home before R.N.’s first hospitalization and remained there until two weeks after
R.N.’s second hospitalization. Tilley stated that when the parents stopped living
with Howard, they moved in with Father’s foster sister and her fiancé. The
fiancé was confined in the Brown County jail at the time of trial for charges
of aggravated assault with a deadly weapon, assault family violence by
occlusion, and injury to a child, elderly individual, or disabled individual. See TEX.
PENAL CODE ANN. §§ 22.01(b)(2), 22.02(a)(2) (West 2026), § 22.04 (West Supp.
2026). Approximately one to two weeks later, the parents moved to San Antonio.
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During the time that Tilley resided with the parents and R.N. she recalled the
parents telling her about the safety plan with the Department and discussing the
hospital’s feeding instructions. Tilley also saw the hospital’s written feeding
instructions and the feeding log. Tilley observed that the parents did not feed R.N.
as instructed by the hospital staff and did not fill out the feeding log every time after
a feeding. She believed the parents cared more about “video games and themselves”
than feeding R.N. However, Tilley did state that the parents complied with the safety
plan’s 24/7 supervision requirement.
Tilley testified that the parents allowed R.N. to “cry and cry and cry,” which
concerned her because the parents were not feeding R.N. every three hours as
instructed. Tilley would bottle-feed R.N. when she was crying and did not observe
any issue with R.N. choking or struggling to feed. When Tilley would point out to
the parents that R.N. was hungry, Tilley testified that Father would become
defensive and make remarks such as “back off”; ask her to leave him or R.N. alone;
tell her that “that is his daughter” and “he will do what he wants”; and state that R.N.
was “fine,” or that “[crying was] good for her lungs.”
Tilley testified that Mother’s behavior had changed since she met Father.
Before they met, Mother was happy, talkative, and laughed often. But now Mother
was “closed off,” had separated herself from everyone in the family, and did not talk
to them unless Father was with her. Tilley believed that Mother could not
successfully parent R.N. around Father but could if she was not with him.
G. Miranda Harrington
When R.N. was placed with Harrington, they lived in Donna, which is in
South Texas. Harrington testified that she arranged for R.N. to be treated by a
pediatrician, took R.N. to a specialist, obtained a referral for a geneticist, monitored
feedings, logged the times and amount that R.N. was fed, and followed the
physician’s instructions regarding the specific formulas to feed R.N.
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After about three months with Harrington, the parents decided that R.N.
should be closer to Brownwood, which, at the time, was closer to them for visitation
purposes. Harrington recommended, and R.N. was moved to the Alvas’ home in
Brownwood. Two or three days after the child arrived there, however, Harrington
reported that the parents moved to San Antonio. The move requested by the parents
occurred before R.N.’s appointment with the geneticist.
Harrington testified that she did not care for Father because of his “criminal
background,” or for how Father manipulated and controlled Mother. Harrington
described Father’s treatment of Mother as emotional abuse. Harrington testified that
she was unaware of any evidence of physical abuse between the parents.
Harrington’s perspective was that Mother cannot speak to Harrington without Father
being present.
H. Father
As a child, Father was in foster care and lived in many placements. Following
the termination of his parents’ parental rights, he was adopted. Father testified that
he experienced mental, sexual, and physical abuse on multiple occasions while in
foster care.
Father is a registered sex offender and is required to register until June 2028.
He was referred to juvenile proceedings when he was thirteen for conduct that
occurred when he was twelve. Father testified that the charge was “rape” but
described the underlying conduct as touching a then seven-year-old female relative
while she was unclothed. As a juvenile, Father attended and completed the Pegasus
sex offender treatment program. He testified that he has not reoffended and regrets
his past conduct.
Father testified that his brother, Z.N., was also physically abused while in
foster care. Z.N. is also a registered sex offender. According to Father, Z.N.
influenced him when Father sexually abused his younger female relative. At times,
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Father and Mother allowed R.N. to have contact with both the paternal grandmother,
who had a history with the Department, and Z.N. Father’s caseworker allowed him
to decide whether this contact was appropriate, and Father believed that it was safe
for his mother and Z.N. to be around R.N.
Father admitted that R.N. was hospitalized because he did not feed her as
instructed. At birth, Father denied that he was given documentation by hospital staff
that instructed him how to care for R.N. but he recalled the hospital staff telling them
to “stick the bottle in her mouth[,] squeeze the bottle[,] and then close her mouth and
make her swallow it.” Father did not use this method because it could cause choking
and was a safety risk for R.N. Father stated that the hospital staffs likewise did not
give the parents any written instructions about how to care for R.N., except for
“safety sleeping.” Father recalled asking Dr. Hull to refer R.N. to Cook’s during her
first hospitalization but his request was denied. Father experienced similar weight
gain issues when he was younger—he weighed ninety pounds from age thirteen to
eighteen.
Father testified that he completed a drug and alcohol test and a psychological
evaluation for the Department. He also provided proof that he completed
counseling. He denied that he controls Mother.
During the monitored return, Father researched the availability of
pediatricians who could treat R.N. and he took her to a gastroenterologist at Christus
Children’s hospital. The parents were feeding R.N. a high protein diet and had tried
using PediaSure and Duocal. Father testified that R.N. would eat almost anything,
but she is no longer fed with a bottle and is not in any danger with them.
Despite the allegation, he denied ever showering with R.N. Father described
R.N. as a “bag of giggles” that is happy to see him during visitations, and she
becomes upset when the visits end.
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I. Amanda Poole
Amanda Poole was the third caseworker assigned by the Department to R.N.’s
case. The Department created one family plan of service in February 2024 that
contained all the services for both parents. The service plan required the parents,
among other things, to: (1) learn how to feed R.N.; (2) give R.N. what she needed to
grow and develop properly; (3) maintain safe and stable housing; (4) allow
announced and unannounced home visits and photographs to be taken during these
visits; (5) maintain employment; (6) complete a parenting program and demonstrate
the skills that they learned from that parenting program; (7) attend visitation;
(8) document R.N.’s feedings during visitations; and (9) complete a mental health
assessment, complete a psychological evaluation, participate in counseling, and
follow all recommendations. The service plan also stated that counseling was to
address “taking responsibility for [the parents’] actions that led to the removal of
[R.N.], depression/anxiety, and any other needs that may arise.” The only service
specific to Father was that he “comply[] with the terms of his sex offender registry”
and avoid engaging in any criminal activity.
The service plan informed the parents that so long as they were in a
relationship, their progress would be evaluated together; however, if their
relationship ended, they would be evaluated independently. The parents attended
counseling with more than one therapist. After the monitored return ended, the
parents selected their counselors and presented reports from these counselors that
the parents had completed their sessions and were discharged. However, the
Department would not accept these reports as proof that the parents had completed
counseling because Poole did not “feel like they can make a determination on if [the
parents] met all their goals in four sessions” and the goals identified by the
counselors did not include “therapy for them to deal with the reason the child came
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into care [and] parenting services to help them know how to better parent their
child.”
Poole testified that Father’s status as a sex offender is a “big thing,” however,
she admitted that she did not refer Father for any services that were related to his
sexual offense, no one asked the trial court for him to complete sex offender
counseling, and that she would have referred a relevant service for him if she
believed it was necessary. She observed no signs that Father had reoffended. The
only exception was an intake for alleged sexual abuse that was ruled out. Poole
stated that the Pegasus program Father completed was a good program that she had
seen others do well in; however, she believed there is always a “concern” that a
registered sex offender may reoffend. She testified that Father was not at a higher
risk than the average person to offend or reoffend. Poole testified that Father had
not violated the terms of his sex offender registry, and she did not oppose placing
R.N. on the monitored return based on Father’s status as a registered sex offender.
Poole recounted four home visits that were made by either herself, Parchem,
or Longoria between September 3 and October 6. Poole reported the following
“safety problems” that were observed during these home visits: (1) roaches crawling
on the floor; (2) tools left in the open; (3) a small crowbar on the stairs; (4) a cigarette
butt on the stairs; (5) no security gates to block the stairway and prevent R.N.’s
access; and (6) a mop bucket full of milky white water with dead roaches floating in
it. The mop bucket concerned Poole because R.N. could drown if she fell in it, but
she later admitted that R.N. was not harmed by the mop bucket’s presence. The
tools that were observed that caused concerns included a screwdriver, a small drill
bit, and the crowbar.
There were also “concerns” reported to Poole by Gypsy Poppawell, another
courtesy worker, following other home visits. Poppawell did not have concerns with
every home visit, however, when she did Poppawell would advise the parents to
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clean their home and they complied. Although the parents cleaned their home at
Poppawell’s request, she developed subsequent concerns about the home’s
cleanliness.
As to R.N.’s weight, Poole testified that the child continued to struggle with
gaining weight but that she had “gained weight off and on throughout this case.”
She expressed concern that the parents would starve R.N. Poole testified that R.N.
weighed twenty-one pounds on March 4, 2026, and twenty-one pounds and two
ounces when the monitored return ended on October 10, 2025. When Poole picked
up R.N. on the day the monitored return ended, R.N. drank all the PediaSure she was
given in a sippy cup and ate snacks. Poole stated that R.N. has some genetic issues,
and that she only gained about eight ounces during the monitored return.
The Department’s goal was termination of each parent’s parental rights and
adoption by the Alvas. Poole admitted that adoption was “not necessary but that’s
what we’re going for.” Poole believed that termination was in R.N.’s best in