Texas Divorce Attorney Blog
Terminating parental rights in Texas requires clear and convincing evidence of both a statutory ground for termination and that termination serves the child’s best interest. A recent Texas appeals court decision demonstrates how evidence of past endangerment can undermine a parent’s efforts to overturn a termination order, even when the parent claims to have made improvements. Tex. Fam. Code § 161.001(b).
Texas Court Terminates Mother’s Parental Rights Following Drug Use Allegations
In In re J.B. and B.B., the Texas Department of Family and Protective Services filed a termination lawsuit in June 2024 following reports of substance abuse, neglectful supervision, and unsafe living conditions. Both children tested positive for illegal drugs, and the Department had investigated the family repeatedly since 2015. No. 11-26-00093-CV (Tex. App.—Eastland Sep. 24, 2026, no pet.) (mem. op.).
During the final termination hearing, which began in December 2025 and continued into February 2026, the mother testified that she was pursuing substance abuse treatment, attending visitation, and attempting to secure housing. She also maintained that the Department had failed to provide adequate reunification services.
However, drug testing continued to produce positive results, including a January 2026 methamphetamine test result. The mother acknowledged that she could not yet provide a stable home.
The Taylor County trial court terminated both parents’ rights, finding that the mother had endangered the children and that termination served their best interest. Only the mother appealed.
Why Did the Mother’s Failure to Challenge Endangerment Affect Her Appeal?
Texas Family Code §§ 161.001(b)(1)(D) and (E) permit termination when a parent knowingly exposes children to dangerous conditions or engages in conduct that endangers their physical or emotional well-being. The trial court found both grounds established.
On appeal, the mother challenged the best-interest determination and the Department’s reunification efforts, but she did not dispute the endangerment findings. Because the mother did not challenge the endangerment findings, the appeals court did not reconsider them.
This was important because the same evidence that showed she had endangered her children could also be used to support the decision that terminating her parental rights was in their best interest.
Although the mother argued that she was making progress toward sobriety and stable housing, the appeals court could consider her history of drug use, the children’s exposure to drugs, and her repeated relapses when evaluating their future safety.
Texas courts rely on an established list of factors to evaluate the best interests of the child, including, but not limited to:
- Desires of the child
- Emotional and physical needs of the child now and in the future
- Emotional and physical danger to the child now and in the future
- Parenting abilities of the individual seeking custody
- Programs available to assist these individuals in promoting the best interest of their child
- Plans for the child by the individual or agency seeking custody
- Stability of the home or proposed placement
- Acts or omissions of the parent indicating that the existing parent-child relationship is not a proper one
See Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).
The court also rejected her challenge to the Department’s reunification efforts. Evidence showed that the Department arranged treatment referrals, visitation, drug testing, transportation assistance, and evaluations of alternative family placements. These efforts satisfied the reasonable-efforts requirement under Texas Family Code § 161.001(f).
The Eleventh Court of Appeals affirmed the termination order.
Protecting Your Parental Rights in Texas
This case demonstrates the importance of identifying and challenging every trial court finding that must be overturned to appeal a parental rights termination successfully.
McClure Law Group helps Texas parents defend against allegations that could lead to the termination of their parental rights and challenges unfavorable court findings on appeal. Contact our family law team at (214) 692-8200 to discuss your case and the legal options available to protect your parental rights.