What are the grounds for termination of parental rights in Texas?
This question has been addressed in 5 Texas court opinions:
In the Interest of L.S.
COA09 — February 12, 2026
In this parental rights termination case, the mother's rights were terminated based on findings of endangering conditions, endangering conduct, prior termination, and failure to comply with a court-ordered service plan. On appeal, the mother's appointed counsel filed an Anders brief, stating that a professional review of the record revealed no non-frivolous grounds for appeal. The Ninth Court of Appeals conducted an independent evaluation of the trial record to ensure the 'clear and convincing' evidence standard was met. Finding that counsel had followed all procedural requirements and that no arguable grounds for reversal existed, the court affirmed the trial court's judgment.
Litigation Takeaway
“Even when an attorney determines an appeal is meritless and files an Anders brief, the appellate court must still independently verify that the trial record supports the termination of parental rights by clear and convincing evidence. For practitioners, this highlights the necessity of meticulously documenting statutory grounds during trial to ensure the judgment survives appellate scrutiny.”
IN THE INTEREST OF T.F., A CHILD
COA02 — January 30, 2026
In this case, a father appealed the termination of his parental rights. His court-appointed attorney filed an Anders brief, stating that after a thorough review of the record, there were no valid legal grounds for an appeal, and simultaneously moved to withdraw as counsel. The Second Court of Appeals performed its own independent review of the record and agreed that the appeal was frivolous, affirming the trial court's termination order. However, the court denied the attorney's motion to withdraw. Applying the Texas Supreme Court's standard from In re P.M., the court held that an appointed attorney’s duty in a termination case continues through the filing of a petition for review with the Texas Supreme Court, and the mere fact that an appeal is frivolous does not constitute 'good cause' to allow an attorney to withdraw.
Litigation Takeaway
“In parental termination cases, an appointed attorney’s obligation to their client is extensive; filing an Anders brief due to a lack of merit does not automatically permit the attorney to withdraw. Counsel must remain on the case through the Texas Supreme Court stage unless they can demonstrate specific 'good cause'—such as a conflict of interest—that is independent of the appeal's lack of merit.”
In the Interest of E.R.H., et al, Children
COA04 — January 28, 2026
After a trial court terminated a father's parental rights to six children based on endangerment and failure to complete a service plan, the father appealed. His court-appointed attorney filed an Anders brief, stating that after a professional review of the record, there were no non-frivolous grounds for appeal. The Fourth Court of Appeals conducted an independent review of the record, evaluating whether 'clear and convincing' evidence supported the statutory termination grounds and the children's best interest. The court found the evidence of environmental endangerment and failure to comply with the service plan was sufficient to uphold the ruling, affirming the termination order.
Litigation Takeaway
“When a trial court record is thoroughly developed with clear and convincing evidence regarding child endangerment and a parent's failure to follow court-ordered service plans, the termination of parental rights is extremely difficult to overturn on appeal, even when a court-appointed attorney seeks a full review.”
In The Interest of K.F.N., K.D.N., and K.N., Children
COA14 — January 29, 2026
The Fourteenth Court of Appeals affirmed a trial court’s order terminating a mother's parental rights based on a history of physical abuse and unresolved substance dependency. Although the mother maintained a documented bond with her children and partially completed her court-ordered service plan, the court applied the Holley factors to determine that the children's needs for safety and stability outweighed the parental relationship. The court held that evidence of the mother’s prior criminal history involving injury to a child and her failure to remain sober during the proceedings was legally and factually sufficient to support the best-interest finding for termination.
Litigation Takeaway
“A parent-child bond does not act as a "veto" against the termination of parental rights; courts prioritize a child's need for a safe, drug-free environment over emotional ties when a parent has a history of endangerment or ongoing substance abuse.”
In The Interest of T.B., K.B., T.B., K.B., Children
COA11 — February 12, 2026
In this termination of parental rights case, the Department of Family and Protective Services intervened due to the parents' chronic substance abuse, including the mother's drug use during pregnancy and the father's repeated criminal activity and probation violations. The trial court ordered the termination of both parents' rights, finding it was in the children's best interest. The parents appealed, challenging the legal and factual sufficiency of the best-interest findings under Texas Family Code Section 161.001(b)(2). The Eleventh Court of Appeals analyzed the conflict using the Holley v. Adams factors, emphasizing that a parent’s past conduct and history of addiction serve as a strong predictor of future endangerment. The court held that the evidence of long-term drug use and criminal instability was sufficient to support the trial court's firm belief that termination was in the children's best interest, affirming the lower court's judgment.
Litigation Takeaway
“A parent's history of substance abuse and criminal recidivism is often the most significant factor in a 'best interest' analysis; practitioners should recognize that past conduct is treated as a reliable predictor of future parental performance, often outweighing recent attempts at rehabilitation.”