in the Interest of B.P. Jr., 09-21-00038-CV

Background

Dept. filed suit in Jan. 2020 to terminate M.P.’s parental rights to her son B.P. Jr.; the case was tried to the bench and the trial court terminated M.P.’s rights.
Evidence: M.P. has ~33-year history of substance abuse (methamphetamines, amphetamines, marijuana), admitted continued use during the case, and tested positive multiple times.
Home conditions and caregiving concerns: child missed school, reports of roaches, cold home, clutter, plywood floors, M.P. often oversleeping and sleeping in a recliner; prior Dept. involvement and prior hospitalization after a suicide attempt.
Psychological evaluation (Dr. Amin) diagnosed Bipolar I, generalized anxiety, substance-use and personality disorder traits; evaluator said M.P. lacked motivation for psychiatric care and prognosis for long-term care was poor.
M.P. failed to complete key services (employment, stable housing, drug testing/treatment), had recent risky contacts (father with DV arrest), and the child had stability and needs met in relative placement.
Trial court found clear-and-convincing evidence of statutory grounds (161.001(b)(1)(D) and (E)), that termination was in the child’s best interest, and also found M.P. had a mental or emotional illness; this appeal followed and the court of appeals affirmed.

Issues

Issue	Plaintiff's Argument (M.P.)	Defendant's Argument (Dept.)	Held
Sufficiency to terminate under §161.001(b)(1)(D) (allowed child to remain in endangering conditions)	Evidence was legally and factually insufficient to prove endangerment.	M.P.’s long-term and continued drug use, unsafe home conditions, missed school, untreated mental illness, and failure to complete services endangered the child.	Affirmed — evidence legally and factually sufficient.
Sufficiency to terminate under §161.001(b)(1)(E) (engaged in conduct endangering child)	Evidence insufficient; no deliberate course of endangering conduct established.	Continued substance abuse during the case, history of self‑medicating, and failure to remedy conditions showed a voluntary, dangerous course of conduct.	Affirmed — evidence legally and factually sufficient.
Sufficiency to terminate under §161.001(b)(1)(O) (other grounds alleged)	Challenged sufficiency.	Dept. asserted other statutory grounds also supported termination.	Not reached — court found D/E sufficient and did not decide (appeal preserved).
Best-interest of the child (§161.001(b)(2))	Termination not shown to be in child’s best interest.	Child has stability and needs met in current placement; M.P.’s substance use, mental‑health prognosis, unstable housing, and failure to complete plan weigh against reunification.	Affirmed — termination is in the child’s best interest.
Finding of mental or emotional illness rendering M.P. unable to provide (§161.003(a))	Evidence legally and factually insufficient to support the mental‑illness finding.	Psychological evaluation, history of self‑medication, suicidal behavior, and poor prognosis support the finding.	Not reached — court did not need to decide because other grounds supported termination.

Key Cases Cited

In the Interest of J.F.C., 96 S.W.3d 256 (Tex. 2002) (standard for reviewing clear-and-convincing evidence and appellate review in parental-termination cases)
In the Interest of J.O.A., 283 S.W.3d 336 (Tex. 2009) (parental narcotics use may constitute endangering conduct)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (nonexhaustive factors for assessing child’s best interest)
In the Interest of J.L., 163 S.W.3d 79 (Tex. 2005) (requirements for termination: predicate grounds plus best-interest finding)
In the Interest of N.G., 577 S.W.3d 230 (Tex. 2019) (due-process review when challenging termination under specified subsections)
In the Interest of J.S., 584 S.W.3d 622 (Tex. App.—Houston [1st Dist.] 2019) (continuing drug use after removal supports endangerment finding)
In the Interest of P.H., 544 S.W.3d 850 (Tex. App.—El Paso 2017) (untreated mental illness can expose a child to endangerment)