What evidence is needed to terminate parental rights in Texas?
This question has been addressed in 3 Texas court opinions:
In The Interest of O.T.D.H.C. and M.E.C. A/K/A M.C., III, Children
COA14 — January 27, 2026
The Fourteenth Court of Appeals affirmed a trial court's order terminating a mother’s parental rights following an investigation that began when she removed her injured child from a hospital against medical advice. The investigation revealed a history of domestic violence, substance abuse (testing positive for cocaine and methamphetamines), and untreated mental health conditions. On appeal, the mother conceded to the predicate finding of endangering conduct, leading the court to focus on the children's best interest. The court held that while the mother had secured housing and employment, her failure to successfully complete drug treatment or address her bipolar disorder and PTSD provided legally and factually sufficient evidence to support termination under the Holley factors.
Litigation Takeaway
“In termination cases, "checking the boxes" by securing a job and a home is often insufficient if a parent fails to complete the "psychological" components of their service plan. Courts prioritize a parent's behavioral stability and the resolution of substance abuse or mental health issues over material gains when determining the best interest of the child.”
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.”
In The Interest of G.M.D. & V.D., Children And In The Interest of Z.J.M., A Child
COA01 — January 29, 2026
In this termination of parental rights case, a mother appealed the trial court's decision to end her legal relationship with three of her children following a history of chronic substance abuse and mental health crises. The mother challenged only one of the five legal grounds (predicate acts) cited by the trial court for termination. The Court of Appeals affirmed the termination, explaining that under Texas law, an appellant must challenge every predicate ground found by the trial court; otherwise, the unchallenged grounds stand as sufficient. The court then applied the 'Holley' factors to the evidence—including the mother's history of heroin and methamphetamine use and the children's success in stable foster placements—and concluded that termination was clearly in the children's best interest.
Litigation Takeaway
“When appealing a termination of parental rights, it is a procedural necessity to challenge every single 'predicate ground' listed in the trial court's order; failure to contest even one ground can result in an automatic loss on that portion of the appeal. Additionally, historical evidence of substance abuse and mental health instability continues to be a primary driver in 'best interest' determinations by Texas courts.”