In the Interest of M.H., S.H., and B.H., Children v. the State of Texas

Court of Appeals of Texas·Decided March 27, 2025·No. 02-24-00487-CV·Published

Opinion

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth

No. 02-24-00487-CV

IN THE INTEREST OF M.H., S.H., AND B.H., CHILDREN

On Appeal from the 322nd District Court Tarrant County, Texas

Trial Court No. 322-743622-23

Before Sudderth, C.J.; Kerr and Walker, JJ.

Memorandum Opinion by Justice Walker

MEMORANDUM OPINION

I. INTRODUCTION

Following a bench trial, the trial court terminated the parental rights of Appellants K.H. (Father) and J.D. (Mother) to their children M.H., S.H., and B.H.1 (children). Father and Mother both appealed.

In their respective appeals, Father’s attorney filed an Anders brief,2 and Mother complained that the trial court (1) abused its discretion by denying her motion for continuance and (2) erred in finding that it was in the children’s best interest to terminate her parental rights because the evidence was legally and factually insufficient. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND In November 2023, the Texas Department of Family and Protective Services (the Department) received a referral that Mother had given birth to a child (B.H.) who tested positive for methamphetamine. Mother also had two other young children (M.H. and S.H.), and Father was the parent of all three children.3

1 We refer to the children using aliases and to other family members by their relationship to the children. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P. 9.8(b)(2).

2 See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967).

3 The record is unclear of when, but sometime before the termination trial, Mother raised the issue of parentage and named a different father for M.H.; however, Father did not contest his parentage or request DNA testing.

Following B.H.’s birth, Mother admitted to the Department that she recently used methamphetamine and marijuana and explained that she had a long history of bipolar disorder, depression, and substance abuse. Based on B.H.’s positive drug test, the Department believed that there was neglectful supervision, and it opened a Family-Based Safety Services (FBSS) case.4 After developing a safety plan, the Department permitted B.H. to leave the hospital with Father and Mother.5 The plan prescribed that Mother had to complete random drug testing, an assessment with recovery resources, and parenting classes, as well as follow any of the Department’s other recommendations. The plan also required Father and Mother to be supervised at all times when they were with the children.

However, later that month, the Department became concerned with Father and Mother’s compliance with the safety plan. On one occasion, Mother left the children inside an unattended car at the Department’s parking lot, and on another occasion, the children were left unsupervised with Father and Mother.

“Family-based safety services are protective services provided to a family 4

whose children are not in the conservatorship of the Department.” 40 Tex. Admin. Code § 700.710 (2021).

5 At the time of B.H.’s birth, Father and Mother had custody of all three children.

On December 1, 2023, the Department sought to temporarily remove the children6 from Father and Mother’s care due to safety concerns and because there were no other family members7 who could take care of the children long-term. At removal, all three children tested positive for controlled substances.

Following the children’s removal, the Department created another service plan for Mother which, in addition to the prior plan’s requirements, included drug and alcohol counseling, individual counseling, and a program called FOCUS for Mothers. A few months later, the Department again amended the plan to include relationship counseling, a domestic-violence assessment, and a psychological assessment.

Mother completed the psychological assessment, inquired about FOCUS for Mothers, and contacted the provider for the domestic-violence assessment; however, she did not engage with or complete the drug assessment, individual counseling, and domestic violence counseling, nor did she submit to any of the monthly drug tests. Despite reporting her extensive mental-health history, Mother felt that she did not need the individual counseling.

Mother attended ten of the thirty-sixty scheduled visits with the children.

During the pendency of the case, Mother entered drug rehabilitation three times, but

6 At removal, the children were approximately two years old (M.H.), one year old (S.H.), and one month old (B.H.).

7 The Department contacted three family members to explore whether they could care for the children, but each family member was unable, either due to foster care licensing restrictions or criminal history.

she always left after a few days. The first rehabilitation was intended to be a seven- day detox, but Mother left against medical advice after only three days due to Father’s demands. Mother left the second rehabilitation after 24 to 48 hours and again went back to Father. The third rehabilitation began on October 2, 2024, and ended on October 12, 2024, when Mother was reported to have left with Father.

The Department also had concerns of domestic violence between Father and Mother. Department caseworkers noted that Mother would accuse Father of domestic violence around scheduled court hearings or before entering rehabilitation. Father was arrested for assaulting Mother in July 2024, and although the Department offered resources to her, Mother still returned to Father.

Despite all of this, caseworkers reported that Mother was bonded to the children and appeared to love and care for them. As time went on, caseworkers spoke with Mother about the upcoming termination trial and encouraged her to engage in services, and Mother claimed that she would go to rehabilitation and engage in services.

Regarding Father’s compliance with the service plan, he refused the monthly drug tests and admitted to using methamphetamine because he liked the way he felt when he was on drugs and had no plan to stop. Father did not engage in any services, and he attended six of the thirty-six scheduled visits with the children. Father’s excuse for not attending the visits was that he needed to work.

Father and Mother both claimed to be employed, but they provided no proof of stable employment to the Department. Additionally, neither of them had stable housing, and they sometimes lived together in Mother’s car.

The Department ultimately determined that it was in the children’s best interest to terminate Father and Mother’s parental rights. Mother had not displayed any sobriety; had not exhibited any improvement through engagement with services; had not shown that she was capable of providing a safe and stable home for the children; had not addressed her abusive relationship with Father, which indicated to the Department that she was not a stable and safe parent; and had not shown that she could prioritize the children’s needs above her own.

The Department reported that it found placement for the children together in an adoption-motivated and safe environment, that its plan was for the current placement to adopt the children together, and that the children were thriving, progressing, and comfortable with their foster parents.

The final trial on the merits of the original petition for protection of a child, for conservatorship, and for termination in the suit affecting parent-child relationship (termination trial) was set for October 15, 2024. On October 2, 2024, Mother checked herself into a rehabilitation facility and had a projected treatment completion date of December 2, 2024. On October 10, 2024, Mother’s attorney filed a motion for continuance that explained Mother had voluntarily admitted herself into a treatment facility and requested that the trial be continued so that Mother could

substantially complete her treatment and demonstrate sobriety. But, by October 12, 2024, Mother had checked herself out of the facility, and she was believed to be with Father.

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In the Interest of M.H., S.H., and B.H., Children v. the State of Texas, (Tex. Ct. App. 2025).

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