What evidence can be excluded in Texas termination of parental rights cases?

Q: What evidence can be excluded in Texas termination of parental rights cases?

In the Interest of M.L.L., A.M.L., and B.F.L., Children: When a trial court excludes evidence, simply objecting is not enough; you must make a formal or informal 'offer of proof' for the record to show the appellate court exactly what that evidence would have been and why its exclusion was harmful. | In The Interest of T.B., K.B., T.B., K.B., Children: 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.

This question has been addressed in 2 Texas court opinions:

In the Interest of M.L.L., A.M.L., and B.F.L., Children

COA07 — January 30, 2026

In a parental termination proceeding, a mother sought to introduce evidence of events occurring prior to a 2018 divorce decree. The trial court excluded this evidence, citing res judicata. On appeal, the mother argued this exclusion was improper. The Seventh Court of Appeals analyzed the case under Texas Rule of Appellate Procedure 33.1 and Texas Rule of Evidence 103(a), which require a party to preserve error by making an "offer of proof" when evidence is excluded. The court held that because the mother failed to make an offer of proof regarding what the excluded testimony would have shown, the appellate court could not conduct a harm analysis. Consequently, the mother waived her right to challenge the exclusion, and the termination of her parental rights was affirmed.

Litigation Takeaway

“When a trial court excludes evidence, simply objecting is not enough; you must make a formal or informal 'offer of proof' for the record to show the appellate court exactly what that evidence would have been and why its exclusion was harmful.”

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.”