in the Interest of B.F., P.M.F. AKA P.F., Children, 14-17-00421-CV

Background

Children Ben (born 2014) and Pia (born 2016) were removed after Pia and Mother tested positive for cocaine at Pia’s birth; Ben had lived with a friend (M.R.) for most of his life.
Department filed for emergency removal and the trial court made the Department temporary managing conservator; a family service plan required parenting classes, substance‑abuse assessment/treatment, random drug testing, AA/NA participation, stable housing/employment, and regular contact with the caseworker.
Mother completed some services (parenting classes, substance counseling, housing) but had inconsistent documentation of employment and delayed compliance with AA/NA sponsorship and individual counseling.
Initial drug tests showed cocaine in Mother’s hair after Pia’s birth, then months of negative tests, followed by relapse shown by increasing cocaine levels in hair from Dec. 2016 through Mar. 2017; Mother repeatedly denied active use and offered shifting explanations.
Children were doing well in placements (Ben with M.R.; Pia with foster family); both prospective caregivers sought adoption and were Department‑approved.
Trial court found grounds for termination under Tex. Fam. Code §161.001(b)(1) (including subsection E endangerment and subsection O failure to comply with a court‑ordered plan) and found termination was in the children’s best interest; Mother appealed.

Issues

Issue	Plaintiff's Argument (Department)	Mother's Argument	Held
Whether evidence supports termination under §161.001(b)(1)(E) (endangerment)	Mother’s continued and recent illegal drug use (positive hair tests, relapse) and denial constitute a voluntary course of conduct endangering the children	Hair test variability and lack of expert explanation; Department must prove causation from tests	Affirmed: legally and factually sufficient to support subsection E (court credited positive hair tests and Mother’s denial)
Whether evidence supports §161.001(b)(1)(O) (failure to comply with service plan)	Mother failed to complete all required tasks and goals (individual counseling, proof of employment, sustained sobriety)	Mother asserted she made progress and completed many services	Court did not independently review O after affirming E; trial court’s O finding stands as part of overall grounds for termination
Whether termination is in the children’s best interest	Permanent placement with stable, bonded caregivers (M.R. and foster parents), Mother’s relapse and failure to demonstrate sustained sobriety/stability make termination proper	Mother argued she should retain parental rights while Department remained managing conservator so she could complete further services	Affirmed: evidence was legally and factually sufficient that termination was in Ben’s and Pia’s best interest
Whether naming Department as managing conservator was improper	Department sought permanent conservatorship to secure adoption by current caregivers	Mother asked to preserve parental rights while Department remained conservator, but provided no legal argument on appeal	Waived on appeal; trial court’s conservatorship appointment affirmed along with termination

Key Cases Cited

In re G.M., 596 S.W.2d 846 (Tex. 1980) (parental rights implicate fundamental constitutional interests)
In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (clear and convincing evidence standard and appellate review framework in termination cases)
In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (legal sufficiency standard in termination cases—view evidence in the light most favorable to the finding)
Tex. Dep’t of Human Servs. v. Boyd, 727 S.W.2d 531 (Tex. 1987) (parental misconduct may permit inference of specific danger to child’s well‑being)
In re M.C., 917 S.W.2d 268 (Tex. 1996) (definition of "endanger" and conduct including omissions)
In re C.H., 89 S.W.3d 17 (Tex. 2002) (parental rights are not absolute; child’s interests prevail when necessary)
In re A.V., 113 S.W.3d 355 (Tex. 2003) (only one predicate ground under §161.001(b)(1) is necessary when best interest is proven)
In re A.B., 412 S.W.3d 588 (Tex. App.—Fort Worth 2013) (parental instability and uncertainty as endangerment factors)