In re A.W., 2014 Tex. App. LEXIS 9359

Mother (Laura Traylor) had two children, A.W. (b. 2002) and J.W. (b. 2004). CPS filed for protection and termination after an August 1, 2012 incident in which Father (Jimmy Walker) allegedly assaulted Mother and J.W.; Father was arrested and later relinquished his parental rights.
Father has a lengthy criminal history, including convictions for assault on women and a prior injury-to-a-child conviction; he is a registered sex offender.
Mother has prior convictions (forgery, past methamphetamine possession), a history of homelessness, intermittent drug use, and prior CPS investigations; she completed parenting classes but did not complete counseling or batterer-intervention programs.
Evidence showed the children improved emotionally, behaviorally, and academically in foster care; they expressed missing Mother but also appreciation for foster-home stability.
At trial the jury found Mother committed statutory grounds for termination and, by clear and convincing evidence, that termination was in the children’s best interest. Mother appealed solely arguing legal and factual insufficiency of the best-interest finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was legally sufficient to support jury’s finding that termination was in the children’s best interest	Mother argued the evidence did not rise to clear-and-convincing proof that termination was in the children’s best interest	State/CPS argued the record showed Mother minimized domestic violence, failed to protect children, missed services and visits, and children thrived in foster care	Court held evidence was legally sufficient to support the best-interest finding
Whether evidence was factually sufficient to support the best-interest finding	Mother argued disputed evidence (children’s desire to return, Mother’s stable housing and provision of basic needs) made the finding against the great weight of evidence	CPS argued disputed evidence was not so significant given Mother’s minimization of Father’s abuse, missed services/tests, and lack of meaningful change	Court held evidence was factually sufficient; disputed evidence did not prevent a reasonable fact-finder from forming a firm conviction for termination

In re M.C.T., 250 S.W.3d 161 (Tex. App.—Fort Worth 2008) (no pet.) (standard for termination requires statutory grounds and best-interest finding)
In re M.V., 343 S.W.3d 543 (Tex. App.—Dallas 2011) (no pet.) (clarifies appellate review standards under clear-and-convincing evidence burden)
In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (articulates factual-sufficiency review when termination is sought)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (lists factors for determining best interest of a child)
In re C.H., 89 S.W.3d 17 (Tex. 2002) (explains non-exhaustive nature of Holley factors and that some factors may suffice alone)
In re J.D.B., 435 S.W.3d 452 (Tex. App.—Dallas 2014) (no pet.) (consideration of parental incapacity to protect children in best-interest analysis)