in the Interest of T.M., M.M., and N.M., Children
11-21-00020-CV
| Tex. App. | Sep 2, 2021Background
- Children (ages 4, 3, 11 months) were removed after police/DFPS found the home smoky and smelling of marijuana; mother admitted cocaine use and tested positive; father tested positive for methamphetamine.
- Hair-follicle tests at removal: all three children positive for methamphetamine; two positive for cocaine. Mother was criminally charged, pled guilty to three counts of endangering a child, and received deferred adjudication.
- Mother completed many services and drug tests (negative after removal), maintained visitation and obtained employment, but for much of the case lacked stable housing, continued a relationship with a drug-involved boyfriend, and posted nude/sexually explicit solicitations on social media adjacent to photos of her children.
- Children were placed with relatives briefly and then with foster parents; foster parents met the children’s needs, wanted to adopt, and the children were doing well in foster care.
- Trial court found statutory grounds for termination under Family Code §161.001(b)(1)(D) and (E) and that termination was in the children’s best interest; mother appealed (father withdrew his appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence legally and factually sufficient to support termination under §161.001(b)(1)(E) (endangerment by parent or placement with dangerous persons) | Mother: evidence insufficient; no deliberate, voluntary course of conduct that directly endangered children | Department: mother used cocaine, left children with meth-addicted father, children tested positive, mother admitted endangerment in criminal case — showing a course of conduct | Court: Affirmed — evidence (drug use, leaving children with addicted father, positive tests, mother’s admission) was clear and convincing to support (E) |
| Whether termination was in the children’s best interest | Mother: she abstained from drugs post-removal, engaged in services, had strong parent–child bond, stable employment and visits | Department/guardian: Holley factors favor termination due to past endangerment, instability, continued poor judgment, and stable, adoptive-capable foster placement | Court: Affirmed — considering Holley factors and deference to trial court credibility findings, termination was in children’s best interest |
| Whether trial court abused discretion admitting nude/sexual social-media photos (authentication and Rule 403 prejudice) | Mother: photos not properly authenticated, were unfairly prejudicial, and Zoom screen-sharing was unduly prejudicial | Department: mother admitted taking/posting many photos; posts/accounts and content provided authentication; photos were probative of mother’s judgment and risk to children | Court: Affirmed admission of Exhibit 2 and eight photos from Exhibit 4; excluded two photos from a different account; no abuse of discretion under authentication rules or Rule 403 |
Key Cases Cited
- In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (standard for legal sufficiency review in termination cases)
- In re C.H., 89 S.W.3d 17 (Tex. 2002) (standard for factual-sufficiency review and deference to factfinder)
- In re A.B., 437 S.W.3d 498 (Tex. 2014) (trial court as sole judge of witness credibility)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (non‑exhaustive factors for best‑interest analysis)
- In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (drug use may constitute evidence of endangerment)
- In re N.G., 577 S.W.3d 230 (Tex. 2019) (appellate review guidance when affirming termination on predicate grounds)
- Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012) (authentication of social-media content via account and internal content)
- Diamond Offshore Servs. Ltd. v. Williams, 542 S.W.3d 539 (Tex. 2018) (Rule 403 balancing; exclusion only if unfair prejudice substantially outweighs probative value)