In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-25-00017-CV ________________
IN THE INTEREST OF L.M.
________________________________________________________________________
On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-242,506 ________________________________________________________________________
MEMORANDUM OPINION
Father appeals an order terminating his parental rights to his minor child,
Lily. 1, 2 The trial court found, by clear and convincing evidence, that statutory
grounds exist for termination of Father’s parental rights and that termination of his
parental rights was in the child’s best interest. See Tex. Fam. Code Ann. §
161.001(b)(1)(D), (E), (2). In three issues, Father challenges the legal and factual
1 To protect the identity of the child, we use pseudonyms to refer to the child, other family members, and refer to the parents as “Mother” and “Father.” See Tex. R. App. P. 9.8(b)(2). 2 Mother’s parental rights were terminated, but she is not a party to this appeal. 1 sufficiency of the evidence to support the predicate grounds and the best interest
finding to support the termination. As explained below, we affirm the trial court’s
Order of Termination as to Father.
Background and Facts Leading to Removal
Lily was born in December 2022. In January 2023, the Department of Family
and Protective Services (“the Department”) filed a petition to terminate Mother’s
parental rights to Lily. 3 The Department supported its petition with the affidavit of
its investigator, Lashanda Mayon. Mayon’s affidavit set out the information leading
to Lily’s removal.
According to Mayon’s affidavit, shortly after Lily’s birth, the Department
received an initial referral alleging the neglectful supervision of Lily. After Mother
gave birth to Lily, Mother and Lily tested negative for narcotics, but Lily was
admitted to the hospital after testing positive for syphilis. Per the affidavit, Mother
failed to get prenatal treatment for syphilis and the medical staff believed syphilis
exposure could have been prevented. The affidavit stated that Mother had contacted
Father for help and had asked Father to present his apartment as her home because
Mother knew her home would not pass inspection by the Department. The
Department assessed Father’s residence and found it to be safe. The affidavit
3 Father was not a party to this original petition and was later added after DNA testing confirmed he was Lily’s biological father. 2 detailed Mother’s history with the Department in Texas and Louisiana. In March
2019, Mother was incarcerated in Louisiana and left her two older children “Larry”
and “Leon” with her mother (“Grandmother”), despite knowing Grandmother could
not provide a safe environment for the children. Grandmother then left the children
with a stranger. While the children were with the stranger, they experienced injuries,
including cuts, burns, and head injuries. Larry and Leon were then placed in state
custody. In January 2021, Mother was again incarcerated and left her child “Lola”
with Grandmother who was accused of abusing crack cocaine. But Grandmother
tested negative and neglectful supervision was ruled out. In September 2021, The
Department again received a report of neglectful supervision of Lola by Mother and
Grandmother including unsanitary conditions in their home and drug use. Mother
had also given birth to “Lyle,” who tested positive for amphetamines and
methamphetamines at birth. 4 At this time, Grandmother tested positive for cocaine.
The Department removed Lyle and placed him in foster care. In August 2022,
Mother’s parental rights to Lola were terminated. The affidavit concluded with a
statement that the Department has “serious concerns” regarding neglectful
supervision of Lily and Mother’s drug use.
On January 4, 2023, the trial court signed an order naming the Department as
Lily’s temporary managing conservator. In April 2023, the Department filed a first
4 Father is also the biological father of Lyle, but Lyle is not subject to this suit. 3 amended original petition for protection of a child, naming Father as the father of
Lily. Subsequent DNA testing confirmed Father’s paternity. In February 2024 and
later in May 2024, the trial court signed two orders granting Mother a monitored
return of Lily.5 In July 2024, Lily and Mother tested positive for cocaine. The
Department then removed Lily from Mother’s care and placed her into foster care.
Trial
Schrietta Henson
Schrietta Henson testified that she has been employed with the Department
for eighteen years, and in that time, she has worked as conservatorship supervisor
and an investigative supervisor. Henson stated that when Lily was born in December
2022, both Mother and Lily tested negative for narcotics, but the hospital staff was
on alert because Mother had previously had her rights terminated to her other
children. At birth, Mother had syphilis, and Lily tested positive for syphilis.
According to Henson, medical staff told Mother during her pregnancy to get
treatment for syphilis and chlamydia, but she did not seek treatment for either
condition. After the Department became involved, it performed a hair follicle test on
Mother, which shows drug use “about 90 to a hundred days” before the test, and
Mother tested positive for methamphetamines and cocaine. Mother previously had
Lyle removed at birth due to his testing positive for narcotics. Henson testified that
5 The trial court also signed orders extending the dismissal date in the case. 4 at the time of Lyle’s removal, Mother was living with Grandmother, who tested
positive for cocaine and methamphetamines. The home they were living in was
unsuitable for children, cluttered, littered with trash, had a bathroom full of feces,
and mold growing in the kitchen. Medical records for both Mother and Lily were
admitted without objection.
Pictures were admitted of Father holding Lily in the hospital while Lily was
in the neonatal intensive care unit (“NICU”). Henson testified that Mother and
Father knew that Father was the biological father of Lily and Lyle, and that Father
would have known that Mother uses drugs. Henson stated that Father appears to be
complicit with Mother’s drug usage. A copy of Lyle’s removal affidavit was
admitted, and Henson testified that Mother’s parental rights to Lyle were terminated.
Henson testified that she “[d]efinitely” had concerns about Father’s ability to
parent Lily. According to Henson, Father is fifty-eight years old, in a relationship
with a minor, and is a registered sex offender. Additionally, Father is on parole for
sexual assault. The Department admitted copies of Father’s criminal convictions
including his conviction for second-degree felony sexual assault in which he
received twenty years incarceration in the Texas Department of Criminal Justice, a
third-degree felony charge for retaliation related to the sexual assault charge in
which he threatened to kill the complainant and her family, and a charge for
interfering with an emergency call by preventing the victim of his sexual assault case
5 from calling the police. 6 The Department also admitted a copy of Father’s conviction
for credit card abuse. Henson stated that Father is not protective of Lily, noting that
Father told the Department he would monitor Mother by making her do her drug
testing, and it was “concerning that [Mother] was still testing positive” during this
case.
Father was arrested for a parole violation and spent several months
incarcerated. The Department admitted copies of jail calls placed by Father into
evidence without objection. Henson agreed that the recorded jail calls show Father
attempting to manipulate young women and asking them to commit perjury. In the
calls, Father is heard telling other people to notify another woman with whom he has
a child who is the subject of another case with the Department. This woman also has
a criminal history, including sexual assault of a minor. Henson agreed that it was
concerning that Father associates with individuals with criminal histories, including
someone charged with sexual assault of a minor, as this woman still has visitation
with Father’s other child, and could be around Lily. Father also had several jail calls
with “Kathy[,]” the minor he was in a relationship with as of trial. According to
Henson, in those calls, Father can be heard calling Kathy “baby[,]” telling Kathy he
loves her, to be “tough[,]” to lie to the parole board about their relationship, and
Father was on parole for a twenty-year sentence for his second-degree felony 6
sexual assault conviction. 6 discussing stolen or fake debit cards that he is trying to dispose of. Henson agreed
that later, in another jail call, Father told his other child’s mother to act like she was
Kathy and tried to get Kathy to go along with the story. Henson stated that Father
was kicked out of his therapy group for his relationship with a minor and that Kathy
was living at his home the entire time he was incarcerated. Father claimed that Kathy
was just a house sitter, but her clothes were in his bedroom closet, and in a jail call
Father asked Kathy to touch her private area for him. Henson also interpreted a
conversation between Father and Kathy to mean that Father had drugs or was selling
drugs in his house. In a jail call between Father and Mother, Father and Mother
discuss a “cookie” which Henson stated that Mother identified as “crack.” Henson
believed that Father’s jail conversations indicate that “he’s coming out [of jail] to
engage in criminal activities by selling drugs.”
During cross-examination, Henson agreed that Father “[f]or the most part”
has consistently been at every hearing and attended visitations with Lily that were
generally appropriate. But Henson stated,
I’ll just continue to express my concerns regarding the possible criminal activity along with [Father’s] being currently on parole and the charge that he’s currently on parole for and along with if he’s currently still involved with the minor. I believe she may not be a minor anymore, but he started that relationship before.
Henson testified that she was not aware whether Father had completed his parole,
but that it was revoked because he was removed from therapy after continuing a
7 relationship with Kathy. She also agreed that Father has custody of another child and
that she did not know whether Father tested positive for drugs during the pendency
of this case. She reiterated that she had concerns about Father protecting Lily and
Father’s ability to provide stability for Lily. Henson believed that Father knowingly
allowed his child to remain in conditions or surroundings which endangered his
child’s physical or emotional wellbeing, and she testified that the Department has
never been able to place Lily with Father due to their concerns about Father. Henson
could not provide an opinion about Father as of trial, because she left this case in
September 2023.
Karisha Ellison
Karisha Ellison testified that she is employed with Texas Family Care
Network and was previously employed as an investigator with the Department for
ten years. Ellison discussed Mother’s failed monitored return of Lily in which Lily
tested positive for cocaine, Lily’s filthy physical appearance while in Mother’s care
during this monitored return, Mother’s multiple failed drug tests, and Mother’s
continued association with known criminals. Ellison testified that although Father
did not place Lily with Mother, he had contact with Lily and Mother during Lily’s
monitored returns with Mother, and did not question Lily’s physical appearance or
Mother’s care of Lily. Ellison had concerns about Father being a registered sex
offender, his poor decision making, and his engaging in an inappropriate relationship
8 with a minor. Ellison agreed that Father wants the Department out of his life. Ellison
stated that Father has not successfully completed therapy related to his parole
because he continued to do the activities against the rules of therapy and was kicked
out of therapy. According to Ellison, there were no services that the Department
could offer to help Father stop selling drugs or help him stop manipulating other
people to lie to the authorities, and these are all choices made by Father.
Princess Johnson
Princess Johnson testified that she is Lily’s guardian ad litem and is employed
by CASA. Johnson stated that Lily was “two or three” at the time of trial and that
she has met Lily several times while assigned to this case. A copy of Johnson’s
CASA report was admitted at trial. Johnson stated that she believed it was in Lily’s
best interest for Father’s parental rights to be terminated. According to Johnson,
Father makes poor life choices, he does not take Lily into consideration, he chooses
himself, and his first choice is not his child. She agreed Father’s jail calls were
concerning, and his discussion about criminal activities including having a
relationship with a minor, having possession of debit cards in other peoples’ names,
and selling drugs is an environment Lily should not be exposed to. Johnson
acknowledged that Father currently has possession of another child and that he takes
good care of that child and would likely “give [Lily] the same care.” She also agreed
9 that his relationship with Kathy did not pose an immediate physical or emotional
endangerment or affect Lily’s welfare or development.
Johnson stated that Lily is currently in foster care because there was not a
suitable blood relative or home to take Lily. She testified that Lily’s needs are being
met in her current placement, and she is adjusted and doing well.
Father
Father testified that he is an “excellent father.” He stated he is not a danger to
Lily and that he has appropriate housing, bedding, food and childcare for Lily.
According to Father, he is currently employed, though he is on medical leave. Father
confirmed he is currently in a relationship with Kathy. He did not agree that the big
age gap in his relationship had any bearing on his ability to care for Lily or the child
currently in his care. Father stated he does not drink alcohol and has continuously
tested negative for narcotics during the pendency of the case. Father denied any
criminal activity and stated a friend asked him to hold the debit cards for him. Father
stated that he has not been presented “one single concern” regarding his case with
his other child, and he still has his other child in possession. Father testified he has
family support to help with his children. Father denied having any contact with
Mother during her pregnancies and that he did not know he might be the father of
her children. Father testified his parole is complete and he is not subject to any terms
or conditions. He currently has visitation with Lily every two weeks for an hour.
10 Father did not believe it was in Lily’s best interest for his parental rights to be
terminated and agreed that the Department has presented no evidence that he is an
immediate danger to the physical or emotional development of Lily and asked to be
named Lily’s managing conservator.
The Termination Order
After the bench trial, the trial court signed a final order terminating Father’s
parental rights to Lily. The trial court found that the Department had shown, by clear
and convincing evidence, that it was in Lily’s best interest for Father’s parental rights
to be terminated. See Tex. Fam. Code Ann. § 161.001(b)(2). The trial court also
found that the Department had shown by clear and convincing evidence grounds for
termination of Father’s parental rights under section 161.001(b)(1)(D) and (E). See
id. § 161.001(b)(1)(D), (E). The trial court found Father knowingly placed or
knowingly allowed Lily to remain in conditions or surroundings which endangered
her physical or emotional well-being and had engaged in conduct or knowingly
placed Lily with persons who engaged in conduct which endangered her physical or
emotional well-being.
On appeal, Father argues that the evidence is legally and factually insufficient
to support termination under sections 161.001(b)(1)(D), (E) and (2).
11 Standard of Review
Termination of parental rights requires proof by clear and convincing
evidence. See id. § 161.001(b). Under the Family Code, “‘[c]lear and convincing
evidence’ means the measure or degree of proof that will produce in the mind of the
trier of fact a firm belief or conviction as to the truth of the allegations sought to be
established.” Id. § 101.007; see In the Int. of J.L., 163 S.W.3d 79, 84 (Tex. 2005)
(citation omitted). The movant must show that the parent committed one or more
predicate acts or omissions and that termination is in the child’s best interest. See
Tex. Fam. Code Ann. § 161.001(b); In the Int. of J.L., 163 S.W.3d at 84.
In reviewing the legal sufficiency of the evidence in a parental rights
termination case, we must consider all the evidence in the light most favorable to a
finding to determine whether a reasonable factfinder could have formed a firm belief
or conviction that the finding was true. In the Int. of J.O.A., 283 S.W.3d 336, 344–
45 (Tex. 2009) (citing In the Int. of J.F.C., 96 S.W.3d 256, 266 (Tex. 2002)). We
assume the factfinder resolved disputed facts in favor of its finding if a reasonable
factfinder could do so, and we disregard all evidence that a reasonable factfinder
could have disbelieved. Id. In a factual sufficiency review, we “give due
consideration to evidence that the factfinder could reasonably have found to be clear
and convincing.” In the Int. of J.F.C., 96 S.W.3d at 266 (citing In the Int. of C.H.,
89 S.W.3d 17, 25 (Tex. 2002)). We must determine “‘whether the evidence is such
12 that a factfinder could reasonably form a firm belief or conviction about the truth of
the State’s allegations.’” Id. (quoting In the Int. of C.H., 89 S.W.3d at 25). “If, in
light of the entire record, the disputed evidence that a reasonable factfinder could
not have credited in favor of the finding is so significant that a factfinder could not
reasonably have formed a firm belief or conviction, then the evidence is factually
insufficient.” Id. (citation omitted). In cases tried to the bench, the trial court in its
role as factfinder determines the credibility and weight of the witnesses’ testimony
and resolves any inconsistencies or conflicts in the evidence. See Webb v. Crawley,
590 S.W.3d 570, 578 (Tex. App.—Beaumont 2019, no pet.). We defer to the
factfinder’s credibility determinations if they are not unreasonable. See In the Int. of
J.P.B., 180 S.W.3d 570, 573 (Tex. 2005) (citing Sw. Bell Tel. Co. v. Garza, 164
S.W.3d 607, 625 (Tex. 2004)).
Analysis
Predicate Grounds
In his first two issues, Father challenges the sufficiency of the evidence
supporting the trial court’s endangerment findings; therefore, we consider whether
the evidence is sufficient to support terminating Father’s rights under subsections
(D) and (E). See In the Int. of N.G., 577 S.W.3d 230, 235–36 (Tex. 2019) (per
curiam). If the evidence is sufficient regarding one of these grounds and sufficient
evidence supports the best interest finding, we will affirm the termination order. See
13 id. at 232–33. Since evidence of grounds (D) and (E) is often interrelated, we
consolidate our review of these grounds. See In the Int. of J.L.V., No. 09-19-00316-
CV, 2020 Tex. App. LEXIS 2070, at *33 (Tex. App.—Beaumont Mar. 11, 2020,
pet. denied) (mem. op.).
Subsection (D) allows for the termination of parental rights if clear and
convincing evidence supports that the parent “knowingly placed or knowingly
allowed the child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child[.]” Tex. Fam. Code Ann. §
161.001(b)(1)(D). Under subsection (E), parental rights may be terminated if clear
and convincing evidence establishes the parent “engaged in conduct or knowingly
placed the child with persons who engaged in conduct which endangers the physical
or emotional well-being of the child[.]” Id. § 161.001(b)(1)(E). The Texas Supreme
Court has explained that “‘endanger’ means to expose to loss or injury; to
jeopardize.” Tex. Dep’t of Human Servs. v. Boyd, 727 S.W.2d 531, 533 (Tex. 1987)
(citation omitted). To endanger a child, “it is not necessary that the conduct be
directed at the child or that the child actually suffers injury.” Id. (citation omitted).
“Subsection D requires the endangerment to the child to be the direct result of
the child’s environment.” See In the Int. of J.H., No. 09-20-00056-CV, 2020 Tex.
App. LEXIS 6189, at *34 (Tex. App.—Beaumont Aug. 6, 2020, no pet.) (mem. op.)
(citation omitted). “Endangerment under subsection (D) arises from a child’s
14 environment and a parent’s disregard for the potential for danger created by the
environment.” In re I.V.H., No. 01-19-00281-CV, 2019 Tex. App. LEXIS 8659,
2019, at *14 (Tex. App.—Houston [1st Dist.] Sept. 26, 2019, pet. denied) (mem.
op.) (citation omitted). In our subsection (D) endangerment analysis, we consider
the child’s environment before the Department obtained custody. See In the Int. of
J.L.V., 2020 Tex. App. LEXIS 2070, at *34. Under subsection (D), termination may
be based on a parent’s single act or omission. In the Int. of A.B., 125 S.W.3d 769,
776 (Tex. App.—Texarkana 2003, pet. denied); see also In the Int. of G.M.S., No.
09-24-00207-CV, 2024 Tex. App. LEXIS 7746, at *26 (Tex. App.—Beaumont Oct.
31, 2024, pet. denied) (mem. op.). It is unnecessary that a parent know with certainty
the child is in an endangering environment; instead, awareness of the potential for
danger and disregarding the risk is enough to show endangering conduct. See In the
Int. of J.H., 2020 Tex. App. LEXIS 6189, at *35.
To terminate a parent’s rights under subsection (E), the evidence must “show
a conscious course of conduct.” In the Int. of C.M.C., 554 S.W.3d 164, 172 (Tex.
App.—Beaumont 2018, no pet.) (citing In the Int. of J.T.G., 121 S.W.3d 117, 125
(Tex. App.—Fort Worth 2003, no pet.)); In the Int. of G.M.S., 2024 Tex. App.
LEXIS 7746, at *26. In our analysis of subsection (E), we may consider actions
occurring before and after a child’s birth to establish a “course of conduct.” See In
15 the Int. of C.M.C., 554 S.W.3d at 172 (citation omitted); In the Int. of G.M.S., 2024
Tex. App. LEXIS 7746, at *26 (citation omitted).
“Generally, subjecting a child to a life of uncertainty and instability endangers
the child’s physical and emotional well-being.” In the Int. of J.H., 2020 Tex. App.
LEXIS 6189, at *35–36 (Tex. App.—Beaumont Aug. 6, 2020, no pet.) (mem. op.)
(citing In the Int. of R.W., 129 S.W.3d 732, 739 (Tex. App.—Fort Worth 2004, pet.
denied)). Although incarceration alone will not support termination, evidence of
criminal conduct, convictions, and imprisonment together with other conduct may
support a finding of endangerment under subsection (E). See id. (citing In the Int. of
A.R.M., No. 14-13-01039-CV, 2014 Tex. App. LEXIS 3744, at *21 (Tex. App.—
Houston [14th Dist.] Apr. 8, 2014, no pet.) (mem. op.); In the Int. of J.T.G., 121
S.W.3d at 133)) (evidence of father’s prior criminal conduct, convictions, and
imprisonment was relevant to endangerment determination).
A history of illegal drug use and drug-related criminal activity is conduct that
subjects a child to a life that is uncertain and unstable, endangering the child’s
physical and emotional well-being. In the Int. of S.D., 980 S.W.2d 758, 763 (Tex.
App.—San Antonio 1998, pet. denied); Dupree v. Tex. Dep’t of Protective &
Regulatory Servs., 907 S.W.2d 81, 84 (Tex. App.—Dallas 1995, no writ). A parent’s
drug use, incarcerations, criminal history prior to and during the case create a course
of conduct from which the factfinder may determine the parent endangered the
16 child’s emotional and physical well-being. In re J.F.-G., 627 S.W.3d 304, 313 (Tex.
2021) (“A parent’s criminal history—taking into account the nature of the crimes,
the duration of incarceration, and whether a pattern of escalating, repeated
convictions exists—can support a finding of endangerment.”); In the Int. of J.O.A.,
283 S.W.3d at 346 (noting a parent’s “irresponsible choices” are probative of an
endangerment finding).
In his first two issues, Father argues that the Department’s “sole reason for
terminating [Father’s] parental rights was that [Father] has a prior criminal history
which includes (1) sexual assault conviction (2) he was on parole and (3) a registered
sexual offender.” He argues that he was never convicted of statutory rape and that
his criminal past does not rise to the level that endangers Lily. According to Father,
his criminal activity alone is not enough to pose a specific danger to Lily. Finally,
Father argues that the Department “found [him] suitable and awarded him custody
of his [other child].”
According to the Department, Father’s failure to report Mother during Lily’s
failed monitored return in which she subjected Lily to drugs and numerous physical
ailments endangered Lily’s physical and emotional well-being. The trial court also
heard testimony that Father was in a relationship with a minor during the pendency
of the case, and had a history of numerous convictions and charges, including sexual
assault, and is a registered sex offender. Evidence also showed Father was
17 incarcerated during the case for violating his parole in his sexual assault case, kicked
out of group therapy for continuing to have an inappropriate relationship with a
minor, openly discussed selling drugs and criminal activity in recorded jail calls, and
asked others to lie to the authorities. The trial court heard testimony that Lily would
be subjected to his continued criminal activities and poor decision making if she was
returned to his care.
Finally, we are unpersuaded by Father’s argument related to his care of his
other child. Father misplaces the Department’s burden by conflating his other case
with another child with Lily’s case. The Department’s burden is to show by clear
and convincing evidence that terminating Father’s rights to Lily was in her best
interest. See In re A.J.D.-J., 667 S.W.3d 813, 831 (Tex. App.—Houston [1st Dist.]
2023, no pet.) (“At trial, the Department had to prove by clear and convincing
evidence that termination is in this child’s best interest, not that the [parent’s] rights
should be terminated here even though they were not with respect to other children
in another case.”).
We conclude the trial court could have reasonably formed a firm belief or
conviction that termination of Father’s parental rights was supported under
subsections D and E. See In the Int. of J.F.C., 96 S.W.3d at 264–65. We conclude
the Department established, by clear and convincing evidence, that Father
committed the predicate acts enumerated in subsections D and E. Further,
18 considering the entire record, and applying the applicable standard of review as
outlined above, we find the evidence factually sufficient to support the trial court’s
findings of endangerment of Lily by Father under subsections D and E. We conclude
the disputed evidence the trial court could not reasonably have credited in favor of
its endangerment findings is not so significant that the court could not reasonably
have formed a firm belief or conviction that Father endangered Lily. See In the Int.
of J.F.C., 96 S.W.3d at 266. We overrule Father’s first and second issues.
Best Interest
Next, we address Father’s argument that the evidence is legally and factually
insufficient to support the trial court’s best-interest finding. With respect to the
child’s best interest, there is a strong presumption that the best interest of a child is
served by keeping the child with the parent. See Tex. Fam. Code Ann. § 153.131(b);
In the Int. of R.R., 209 S.W.3d 112, 116 (Tex. 2006). Even so, it is also presumed
“the prompt and permanent placement of the child in a safe environment is...in the
child’s best interest.” Tex. Fam. Code Ann. § 263.307(a).
In reviewing a parent’s challenge to a best interest finding and when
considering the non-exclusive factors outlined in Holley v. Adams, “courts focus on
the best interest of the child, not the best interest of the parent.” In the Int. of
H.M.R.J., No. 09-22-00171-CV, 2022 Tex. App. LEXIS 8471, at *26 (Tex. App.—
Beaumont Nov. 17, 2022, no pet.) (mem. op.) (citation omitted); see Holley v.
19 Adams, 544 S.W.2d 367, 371–72 (Tex. 1976). Additionally, the Department is not
required to present evidence addressing all the Holley factors. See In the Int. of C.H.,
89 S.W.3d at 27. The fact that the Department does not present evidence on some
factors does not preclude the trier of fact from forming a strong belief or conviction
that terminating the parent’s relationship with the child is in a child’s best interest,
particularly when the evidence is undisputed that the parent endangered the child.
See id.
In a best interest analysis, the evidence supporting a trial court’s subsection
(D) and (E) findings may also support the trial court’s best interest finding. See In
the Int. of T.R.S., No. 09-18-00482-CV, 2019 Tex. App. LEXIS 4913, at *15 (Tex.
App.—Beaumont June 13, 2019, no pet.) (mem. op.) (noting that the same evidence
that supports a trial court’s subsection (D) and (E) findings may be relevant to the
trial court’s best interest finding). A trial court’s best interest finding may be based
on direct or circumstantial evidence, or it may be based on subjective factors that the
trial court may have observed in the trial. Id. at *14–15. When evaluating what is
best for a child’s future, trial courts may consider a parent’s past conduct when that
conduct is relevant to the child’s best interest. Id. Ultimately, the question is whether
the evidence, when considered as a whole, allowed the trial court to reasonably form
a firm belief or conviction that it was in Lily’s best interest for the trial court to
20 terminate Father’s parental relationship. See In the Int. of C.H., 89 S.W.3d at 25, 27–
28.
Here, the trial court was free to infer from the evidence that Father continually
makes irresponsible choices and that his criminal activity was longstanding and
persisted after Lily was born. For example, evidence was presented that Father had
numerous convictions and charges and that he was a registered sex offender. The
trial court heard testimony that Father engaged in an inappropriate relationship with
a minor during the case’s pendency and was kicked out of group therapy because of
this relationship. Father exhibited a lack of protectiveness over Lily when he failed
to report Mother’s treatment of Lily during her monitored return, in which Lily later
tested positive for cocaine and was found to have several severe and untreated
physical afflictions on her body. The trial court heard evidence that Father’s parole
for sexual assault conviction was revoked during the pendency of this case, and
while in jail, Father asked people to lie for him and openly discussed criminal
activity in recorded jail calls. The trial court also heard evidence that the Department
was concerned about the people with whom Father associated, due to their criminal
histories. Finally, the trial court also heard testimony that Lily was doing well in
foster care and all her needs were being met.
“While parental rights are of constitutional magnitude, they are not absolute.”
Id. at 26. Given Father’s criminal history, manipulation of others, poor decision
21 making, lack of protectiveness over Lily, and questionable relationships, including
that with a minor, the trial court could have reasonably formed a firm belief or
conviction that terminating Father’s parental rights so that Lily could be permanently
placed in a safe home where her needs can be met is in the child’s best interest. See
id. at 27–28. We overrule Father’s last issue.
Conclusion
Having overruled Father’s issues, we affirm the trial court’s termination order.
AFFIRMED.
KENT CHAMBERS Justice
Submitted on May 28, 2025 Opinion Delivered June 26, 2025
Before Golemon, C.J., Wright and Chambers, JJ.