What are the reasonable efforts requirements for terminating parental rights in Texas?
This question has been addressed in 2 Texas court opinions:
In the Matter of M.A.R. Jr., A Child
COA13 — January 29, 2026
The Thirteenth Court of Appeals affirmed a juvenile court's order committing a minor, M.A.R. Jr., to the Texas Juvenile Justice Department (TJJD). The conflict centered on whether the State had satisfied the "reasonable efforts" requirement of the Texas Family Code before removing the child from his home environment. Despite the child's diagnoses of autism and ADHD and his father's willingness to take custody, the Court analyzed the extensive history of failed interventions—including community supervision, psychiatric services, and a residential facility placement where the minor accumulated hundreds of incident reports. The Court held that the evidence was legally and factually sufficient to support the finding that local resources were exhausted and that commitment was necessary for the child's rehabilitation and public safety.
Litigation Takeaway
“When a child's removal from the home is at stake due to behavioral issues, the 'paper trail' is everything; a documented history of 'graduated sanctions' and failed local interventions is often the deciding factor in satisfying the legal 'reasonable efforts' standard.”
In the Interest of J.T. and J.T., Children
COA10 — February 12, 2026
In this parental termination case, a father appealed the trial court's decision, arguing that the Department of Family and Protective Services failed to make 'reasonable efforts' to return his children as required by Texas Family Code § 161.001(f). Specifically, he claimed the Department failed to provide court-ordered family therapy. The Waco Court of Appeals analyzed the Department's overall conduct, noting that while family therapy was not reestablished before trial, the Department had implemented a service plan, facilitated visitation, and attempted to find new providers after a clinical 'child-driven' protocol delayed therapy following parental misconduct. The court held that 'reasonable efforts' require a diligent, good-faith pursuit of services rather than their guaranteed completion, affirming the termination decree.
Litigation Takeaway
“The Department's duty to make 'reasonable efforts' to return children is measured by the diligence of their process rather than the ultimate success of every service. Clinical barriers—such as a child's lack of therapeutic readiness—can justify the absence of specific services like family therapy, especially when the Department documents an active search for providers and the parents' own behavior contributed to the delay.”