What are the deadlines and notice requirements for CPS termination trials in Texas?
This question has been addressed in 2 Texas court opinions:
In the Interest of K.L., A Child
COA07 — February 5, 2026
In this parental termination case, a mother appealed a court order terminating her rights after she failed to appear at the final hearing, claiming she lacked actual notice of the trial setting. The Seventh Court of Appeals affirmed the termination, ruling that the mother waived her due process challenge by failing to raise the issue in the trial court through a motion for new trial. Furthermore, the court held that under Texas Rule of Civil Procedure 21a, notice provided to a party's attorney is legally imputed to the client. The court emphasized that the mother’s specific instructions to her attorney regarding the hearing—given just days prior to the trial—established that she had actual knowledge of the proceeding, thereby satisfying constitutional notice requirements.
Litigation Takeaway
“Notice given to an attorney is legally considered notice to the client; if a party fails to appear for trial, any claim regarding a lack of notice must be preserved in the trial court via a motion for new trial or it will be waived on appeal.”
In re K.N., M.N., and M.N., Children
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.”