in the Interest of X.L.C., a Child, 04-21-00406-CV

Background

Lily was born in March 2020 testing positive for cocaine and THC and showing withdrawal symptoms; the Department removed her from Mother’s custody.
The Department filed for temporary managing conservatorship and termination of Mother’s parental rights on June 2, 2020.
A bench trial occurred June 25 and July 9, 2021; after the parties rested the trial court abated the case for 46 days to allow Mother to comply with services and to require negative random drug tests.
During the abeyance Mother tested positive for PCP and cocaine and provided an implausible explanation; she had prior positive tests and missed some drug tests and virtual visits.
The trial court terminated Mother’s parental rights under Tex. Fam. Code § 161.001(b)(1)(N), (O), and (P) and found termination was in Lily’s best interest; Mother appealed raising insufficiency of evidence as to best interest.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence that termination is in child’s best interest	Mother: evidence was legally and factually insufficient to show termination served Lily’s best interest	Department: newborn drug exposure, Mother’s continuing drug use, missed services/visits, untreated mental health, lack of support, and a stable, bonded foster placement support termination	Court affirmed: evidence legally and factually sufficient to support best-interest finding
Credibility of witnesses and conflicting testimony	Mother: discrepancies (e.g., foster mother’s differing account of virtual visits) undermine findings	Department: trial court may credit caseworker over other testimony	Court deferred to trial judge’s credibility determinations and could credit the caseworker’s testimony
Effect of the abatement period and Mother’s conduct during it	Mother: abatement was a second chance and she was working services	Department: Mother tested positive for cocaine and PCP during abeyance and missed tests/visits, undermining claims of reform	Court found Mother’s positive tests and explanations not credible; abatement did not show sustained change
Mother’s compliance with services, mental-health care, and social support	Mother: engaged in most services and attended in-person visits	Department: gaps—continued substance use, late or minimal counseling, not taking prescribed meds, no adequate family support	Court concluded Mother failed to effect necessary positive change; these factors weigh for termination

Key Cases Cited

In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (standards for legal and factual sufficiency review in termination cases)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (Holley factors for best-interest analysis)
In re C.H., 89 S.W.3d 17 (Tex. 2002) (same-evidence may support both statutory grounds and best interest but State must prove best interest)
In re A.B., 437 S.W.3d 498 (Tex. 2014) (reviewing court need not detail evidence when affirming termination)
In re H.R.M., 209 S.W.3d 105 (Tex. 2006) (factual-sufficiency standard in parental-termination appeals)
In re J.P.B., 180 S.W.3d 570 (Tex. 2005) (legal-sufficiency standard for termination findings)
HealthTronics, Inc. v. Lisa Laser USA, Inc., 382 S.W.3d 567 (Tex. App.—Austin 2012) (trial judge as sole judge of witness credibility in bench trials)
Coburn v. Moreland, 433 S.W.3d 809 (Tex. App.—Austin 2014) (deference to trial court’s credibility and fact-findings)
In re R.R., 209 S.W.3d 112 (Tex. 2006) (presumption favoring preservation of parent–child relationship and its limits)
In re D.M., 452 S.W.3d 462 (Tex. App.—San Antonio 2014) (stability of proposed placement important to best-interest determination)
In re E.D., 419 S.W.3d 615 (Tex. App.—San Antonio 2013) (circumstantial and totality-of-evidence considerations in best-interest analysis)
In re S.D., 980 S.W.2d 758 (Tex. App.—San Antonio 1998) (conduct creating uncertainty and instability can endanger child)