in the Interest of P.S. and C.S., Minor Children, 02-16-00458-CV

Background

CPS removed two minor sons (Roy, age 3 at referral; Guy, infant) after reports in 2014 of neglect, parental drug use, and domestic violence (including being left on grandmother's porch at 1:00 a.m.).
Initial drug tests: both parents positive for methamphetamine/amphetamine and opiates; children also tested positive for controlled substances. CPS obtained temporary managing conservatorship and placed the boys in foster care.
Parents entered a mediated agreement (Jan. 2016) promising voluntary relinquishment if they failed to complete services by Aug. 15, 2016; trial court later incorporated the agreement. Termination was pursued after parents failed to complete required services.
Mother’s performance: inconsistent participation in counseling and substance‑abuse treatment; missed/failed drug tests; unstable housing and employment; volatile behavior at supervised visits; occasional threats and outbursts. Foster parents reported the boys were thriving and planned to adopt.
Mother sought a new bench trial; at retrial the Department proceeded on statutory termination grounds under Tex. Fam. Code § 161.001(b)(1)(D), (E), (K), and (O) and on best interest under § 161.001(b)(2). The trial court terminated Mother’s parental rights; Mother appealed.

Issues

Issue	Mother’s Argument	Department’s Argument	Held
Whether evidence legally and factually supports termination under §161.001(b)(1)(O) (failure to comply with court‑ordered services)	Mother: She completed enough services to eliminate original risks and disputes that she failed to comply.	Mother failed to complete required services (housing, employment documentation, NA attendance, drug testing/treatment) during the relevant period.	Court: Evidence legally and factually sufficient to support termination under (O).
Whether evidence supports termination under other §161.001(b)(1) grounds (D, E, K)	Mother challenged sufficiency of findings under (D), (E), (K).	CPS presented evidence of endangering conditions, parental conduct, and unrevoked affidavits of relinquishment.	Court: Did not reach merits because (O) alone is sufficient; affirmed.
Whether termination was in the children’s best interests (§161.001(b)(2))	Mother: Argued insufficient proof that termination served boys’ best interests; sought time to stabilize housing/employment.	CPS and foster parents: boys improved developmentally in foster care, are bonded to foster family, mother’s drug use/instability/visits harmed children.	Court: Evidence legally and factually sufficient that termination was in the children’s best interests.
Whether the voluntary‑relinquishment agreement was valid	Mother later questioned voluntariness of her affidavit.	Department introduced mediated agreement and testimony that parents understood it; mother admitted understanding.	Court: Found agreement and related findings supported (and relied on other grounds); termination affirmed.

Key Cases Cited

In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (legal‑sufficiency standard for termination findings)
In re H.R.M., 209 S.W.3d 105 (Tex. 2006) (factual‑sufficiency standard; deference to factfinder)
In re C.H., 89 S.W.3d 17 (Tex. 2002) (same evidence may support both ground and best‑interest findings)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (nonexclusive factors for best‑interest analysis)
In re R.R., 209 S.W.3d 112 (Tex. 2006) (presumption that keeping child with parent is in child’s best interest)
E.C.R. v. Tex. Dep’t of Family & Protective Servs., 402 S.W.3d 239 (Tex. 2013) (review of the entire record for best‑interest determination)
In re E.N.C., 384 S.W.3d 796 (Tex. 2012) (Holley factors and best‑interest evaluation)
Jordan v. Dossey, 325 S.W.3d 700 (Tex. App.—Houston [1st Dist.] 2010) (parental noncompliance and instability support best‑interest finding)
In re S.B., 207 S.W.3d 877 (Tex. App.—Fort Worth 2006) (parent’s drug use, unstable home, and failure to comply with service plan support termination)