J. B. v. Texas Department of Family and Protective Services, 03-21-00325-CV

Jade, born May 21, 2020, showed signs of in‑utero drug exposure; Mother tested positive for cocaine and amphetamine at the hospital. Jade’s meconium later tested positive for amphetamine, methamphetamine, and cocaine.
Mother has a long history of mental‑health diagnoses (including schizophrenia) and prior removals of older children; she was not consistently medicated or engaged in psychiatric treatment before the proceedings.
During the case Mother submitted ~18 drug tests that were repeatedly positive for methamphetamine (and sometimes cocaine and PCP), missed numerous tests, and had two additional positive hair tests; December 2020 tests showed very high meth/amphetamine levels.
Mother was arrested and incarcerated in January 2021 and remained in custody at the June 2021 final hearing; several visits were missed or terminated early for Mother’s conduct (including one incident where police were called after she swung the baby and refused to return the child).
Jade was placed in foster care, bonded to a stable foster family that wishes to adopt, and was reported to be thriving; the Department and guardian ad litem recommended termination.
The trial court terminated Mother’s parental rights under Tex. Fam. Code § 161.001(a)(1)(E) (endangerment) and also found best‑interest proven; the court’s ruling was affirmed on appeal.

Issue	Mother’s Argument	Department’s Argument	Held
Whether evidence supports termination under §161.001(a)(1)(E) (endangerment)	Evidence shows only a single pre‑removal act (positive hospital test) and alleged post‑removal conduct is not sufficient; meconium results were not in evidence and some testimony was conclusory	Mother’s in‑utero drug use plus repeated positive drug tests, missed tests, criminal activity, untreated severe mental illness, and disruptive visitation constitute a voluntary, continuing course of conduct that endangered the child	Affirmed: evidence (pre‑ and post‑removal) was legally and factually sufficient to show an endangering course of conduct under (E)
Whether termination is in Jade’s best interest (Holley factors)	Mother argued willingness to comply after release and that Department should have provided more help with mental‑health care	Child is bonded to a stable foster family; Jade is thriving, traumatized by visits with Mother, Mother repeatedly used drugs and was incarcerated, and services were not completed or effective	Affirmed: trial court reasonably found termination was in the child’s best interest

In re N.G., 577 S.W.3d 230 (Tex. 2019) (clear‑and‑convincing proof requirement for termination)
In re A.C., 560 S.W.3d 624 (Tex. 2018) (legal and factual sufficiency standards in parental‑termination review)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (factors for determining child’s best interest)
In re J.O.A., 283 S.W.3d 336 (Tex. 2009) (parental narcotics use and instability can establish endangerment)
In re C.H., 89 S.W.3d 17 (Tex. 2002) (Holley factors need not be exhaustive; best‑interest finding may rest on endangerment evidence)
In re E.N.C., 384 S.W.3d 796 (Tex. 2012) (endangerment may be inferred from parental misconduct)