In the Interest of J.M.L.H, a Child v. Department of Family and Protective Services

CourtTexas Court of Appeals, 1st District (Houston)
DecidedJanuary 8, 2026
Docket01-25-00539-CV
StatusPublished

This text of In the Interest of J.M.L.H, a Child v. Department of Family and Protective Services (In the Interest of J.M.L.H, a Child v. Department of Family and Protective Services) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 1st District (Houston) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of J.M.L.H, a Child v. Department of Family and Protective Services, (Tex. Ct. App. 2026).

Opinion

Opinion issued January 8, 2026.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00539-CV ——————————— IN THE INTEREST OF J.M.L.H., A CHILD

On Appeal from the 315th District Court Harris County, Texas Trial Court Case No. 2024-00721J

MEMORANDUM OPINION

In this accelerated appeal, Mother challenges the trial court’s order

terminating her parental rights to her child, J.M.L.H.1 Mother argues on appeal that

(1) the evidence is legally and factually insufficient to support the trial court’s

finding that the Department of Family and Protective Services (the Department)

1 We refer to the parties using pseudonyms. See TEX. R. APP. P. 9.8(b)(2). made reasonable efforts to return J.M.L.H. to Mother through a surrogate and

(2) the due process rights of Mother and one of J.M.L.H.’s potential fathers were

violated because the Department failed to search for or serve the potential father in

advance of trial. We affirm.

Background

This appeal concerns J.M.L.H., a child who was under two years old at the

time of trial.

A. J.M.L.H.’s Mother and Father

Mother has four children including J.M.L.H. J.M.L.H.’s three elder siblings

live with Mother’s aunt.

Mother has a history of mental illness, with diagnoses that include anxiety,

bipolar I disorder, mood disorder, depression, suicidal ideation, and psychosis, as

well as schizoaffective disorder and/or schizophrenia.2 Mother also has a history of

substance abuse, and her medical records indicate a possible relation between at

least some of her mental health and substance abuse issues. Mother has been

diagnosed as abusing cocaine and ecstasy.

Mother’s criminal history includes:

• An indictment in Georgia on two pending counts of cruelty to children in the first degree, stemming from charges that Mother left her four-year-old child in a hotel room without supervision and deprived the child of necessary

2 Mother testified that she has been diagnosed with schizoaffective disorder and not schizophrenia.

2 sustenance to the extent that the child was malnourished and the child’s health and well-being were jeopardized;3

• A conviction of misdemeanor terroristic threat with the intent to place the complainant in fear of imminent serious bodily injury;

• A felony charge of aggravated assault with a deadly weapon;

• A felony charge of assault on a police officer;

• A felony charge of retaliation;

• A felony charge of harassment of a public servant; and

• A felony charge of assault on a contracted employee of the Harris County Jail.

The Department caseworker assigned to the case testified at trial that Mother had

also threatened the caseworker on multiple occasions, accusing the caseworker of

having removed J.M.L.H. from Mother without cause. For example, Mother

“texted [the caseworker] a few times, stating that [the caseworker] was going to

lose [her] . . . job and [her] life.”

Mother believes that J.M.L.H.’s father could be one of four men, including

Alleged Father 1 and Alleged Father 2. The fourth man is a stranger who sexually

assaulted Mother.

3 Mother testified that she left the child in the hotel room alone for 14 hours, but had asked the hotel’s manager to keep an eye on the child. Mother also stated that the child had access to snacks and knew how to heat up food in the microwave.

3 The caseworker testified that, at the start of the Department’s investigation,

the only information the Department had regarding the identity of J.M.L.H.’s

father was the name of Alleged Father 1. In her search for Alleged Father 1, the

caseworker “called possible relatives,” searched the Georgia Department of

Corrections, spoke with the Georgia District 3 Attorney’s Office, and visited a

last-known location of Alleged Father 1. She was unable to make contact with

Alleged Father 1, and Alleged Father 1 did not make contact with the Department.

The caseworker spoke with Alleged Father 1’s ex-wife, but the ex-wife had not

spoken to Alleged Father 1 for about two years. J.M.L.H.’s guardian ad litem

testified that Alleged Father 1 had not responded to attempts to contact him, had

not visited J.M.L.H., had not made any provisions for J.M.L.H., and had not

inquired as to her well-being. Mother has twice denied that Alleged Father 1 is

J.M.L.H.’s father.

The caseworker testified that, shortly before trial, Mother had identified a

second potential father, Alleged Father 2.4 However, Mother had provided just

Alleged Father 2’s name and, though she said she would also provide a phone

number for him, did not provide the phone number. While Alleged Father 2’s name

is somewhat unique, the caseworker did not make any efforts to locate him based

just on his name. 4 Mother testified that she provided the name of Alleged Father 2 two weeks before trial.

4 B. J.M.L.H.’s Removal

The caseworker testified that the Department began its investigation when

J.M.L.H. was around two weeks old. Mother was living at a shelter called Mission

of Yahweh at the time, “experiencing some postpartum” depression, “using

substances such as methamphetamines,” and “behaving in a concerning way.”5 The

Department received a referral alleging neglectful supervision of two-week-old

J.M.L.H. by Mother. On the day of the referral, Mother stated that she could not

“have [J.M.L.H.] anymore” and that she wanted to “give the baby to her aunt in

Georgia.” Mother asked J.M.L.H. if she wanted to go to Georgia, and claimed that

J.M.L.H., who was too young to speak, had responded that she did not want to go

to Georgia. The Department’s Child Protective Services (CPS) division’s

investigation concluded that there was “reason to believe” at least one allegation of

neglectful supervision by Mother.

5 According to the Department, Mother’s concerning behavior included: (1) not cooperating with the Department’s investigation; (2) trying to hide J.M.L.H. from the Department, (3) behaving “in crisis”; (4) stating that she “wanted to go get raped by the father of [J.M.L.H.] again so that she [could] get pregnant by the white rapist white man outside”; (5) crying and yelling profanities while on the floor; (6) “stating that she needed to pray as she attempted to evade law enforcement”; (7) stating that she could “only deal with white policemen” and that her rights had been violated when, she claimed, “every race was sent except a white police officer”; and (8) stating that “there [was] nothing the law [could] do to her” because she had renounced her citizenship and J.M.L.H. “[did] not have a name or foot prints.”

5 C. Difficulties Communicating with Mother

The caseworker testified that, after J.M.L.H.’s removal, the caseworker had

difficulties communicating with Mother. Initially, Mother wanted to speak to the

Department only through Mother’s attorney. Later, Mother at times had no phone

service. Mother’s threats to the caseworker were another obstacle. And at some

point later, Mother was incarcerated for a couple of months.

J.M.L.H.’s guardian ad litem also testified that Mother had initially

requested that the guardian ad litem contact Mother only through Mother’s

attorney. More recently, however, the guardian ad litem had been able to visit

Mother at the county jail.

D. Mother’s Family Plan and Visitations

The Department prepared a “Family Plan” for Mother with the goal of

reunifying Mother and J.M.L.H.

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