This question has been addressed in 1 Texas court opinion:
COA02 — February 19, 2026
The Department of Family and Protective Services sought to terminate the parental rights of a mother and father following a history of domestic violence, substance abuse, and unlivable home conditions. On appeal, the parents challenged the legal and factual sufficiency of the trial court's endangerment findings, and the mother argued her due process rights were violated when the trial proceeded in the absence of a witness. The Fort Worth Court of Appeals affirmed the termination, analyzing the parents' pattern of conduct under Texas Family Code \u00a7 161.001(b)(1)(D) and (E). The court held that persistent domestic violence and chronic substance abuse constitute an endangering environment, and further ruled that the mother failed to preserve her due process claim because she did not file a sworn motion for continuance as required by Texas Rule of Civil Procedure 251.
Litigation Takeaway
“Endangerment findings are often based on a cumulative pattern of behavior, such as the intersection of domestic violence and substance abuse, rather than a single incident. Furthermore, trial counsel must strictly adhere to procedural requirements for missing witnesses; a general due process objection will not preserve error on appeal without a written, sworn motion for continuance and a formal offer of proof regarding the witness's expected testimony.”