In the Interest of P.A., Jr., L.L.-A., and S.A., Children v. the State of Texas

Texas Court of Appeals, 6th District (Texarkana)·Decided June 5, 2026·No. 06-26-00018-CV·Published

Opinion

In the

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-26-00018-CV

IN THE INTEREST OF P.A., JR., L.L.-A., AND S.A., CHILDREN

On Appeal from the County Court at Law Lamar County, Texas

Trial Court No. 93379

Before Stevens, C.J., van Cleef and Rambin, JJ.

Memorandum Opinion by Chief Justice Stevens

MEMORANDUM OPINION

The Department of Family and Protective Services filed a petition to terminate Mother’s and Father’s parental rights to their children, Peter, Lucas, and Sally.1 The trial court terminated parental rights after finding that (1) Mother and Father “knowingly placed or . . . allowed the child[ren] to remain in conditions or surroundings [that] endanger[ed their] physical or emotional well-being,” (2) Mother and Father “engaged in conduct or knowingly placed the child[ren] with persons who engaged in conduct [that] endanger[ed their] physical or emotional well-being,” (3) Mother “contumaciously refused to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261, [of the] Texas Family Code,” (4) Mother used a controlled substance in a manner that endangered the health or safety of the children and failed to complete a court- ordered substance abuse treatment program, and (5) termination of Mother’s and Father’s parental rights was in the children’s best interests. See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E), (I), (P), (b)(2) (Supp.).

On appeal, Mother and Father argue that the evidence was insufficient to support the trial court’s findings on grounds D and E of the Texas Family Code.2 See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E). Mother also challenges the trial court’s best-interest findings. Because we find that the trial court’s rulings were supported by sufficient evidence, we affirm the trial court’s judgment.

1 We use pseudonyms to protect the identities of the children. See TEX. R. APP. P. 9.8.

2 Mother does not challenge the trial court’s findings on grounds I and P of the Texas Family Code. See TEX. FAM. CODE ANN. § 161.001(b)(1)(I), (P).

I. Standard of Review “Proceedings to terminate the parent–child relationship implicate rights of constitutional magnitude that qualify for heightened judicial protection.” In re A.C., 560 S.W.3d 624, 626 (Tex. 2018). The United States Supreme Court has emphasized that “the interest of [a] parent[] in the care, custody, and control of their children . . . is perhaps the oldest of the fundamental liberty interests recognized by th[e] Court.” Troxel v. Granville, 530 U.S. 57, 65, (2000) (plurality op.). As a result, “[w]e strictly construe involuntary termination statutes in favor of the parent.” In re E.N.C., 384 S.W.3d 796, 802 (Tex. 2012).

“Involuntary severance of parental rights thus requires ‘clear and convincing evidence’

that termination is warranted and in the child[ren]’s best interest[s].” In re A.C., 560 S.W.3d at 626 (quoting TEX. FAM. CODE ANN. § 161.001; Santosky v. Kramer, 455 U.S. 745, 748 (1982)). “Clear and convincing evidence” is “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.” TEX. FAM. CODE ANN. § 101.007 (Supp.); In re N.G., 577 S.W.3d 230, 235 (Tex. 2019) (per curiam). Therefore, this Court is required to “engage in an exacting review of the entire record to determine if the evidence is . . . sufficient to support the termination of parental rights.” In re A.B., 437 S.W.3d 498, 500 (Tex. 2014).

“Despite the profound constitutional interests at stake in a proceeding to terminate parental rights, ‘“the rights of natural parents are not absolute; protection of the child is paramount.”’” In re L.E.S., 471 S.W.3d 915, 920 (Tex. App.—Texarkana 2015, no pet.) (quoting In re A.V., 113 S.W.3d 355, 361 (Tex. 2003) (quoting In re J.W.T., 872 S.W.2d 189,

195 (Tex. 1994))). “A child’s emotional and physical interests must not be sacrificed merely to preserve parental rights.” Id. (quoting In re C.A.J., 459 S.W.3d 175, 179 (Tex. App.— Texarkana 2015, no pet.)).

“[T]he appellate standard for reviewing termination findings is whether the evidence is such that a factfinder could reasonably form a firm belief or conviction about the truth of the State’s allegations.” In re A.C., No. 06-25-00084-CV, 2026 WL 878798, at *2 (Tex. App.— Texarkana 2026, no pet.) (mem. op.) (alteration in original) (quoting In re C.H., 89 S.W.3d 17, 25 (Tex. 2002)). “Both legal and factual sufficiency review deal with whether ‘a reasonable factfinder could form a firm belief or conviction,’ but there is a difference between legal and factual sufficiency.” Id. (quoting In re A.C., 560 S.W.3d at 631).

For legal sufficiency, “we consider all the evidence in the light most favorable to the findings to determine whether the fact-finder reasonably could have formed a firm belief or conviction that” termination of the parent-child relationship was in the best interests of the children. In re L.E.S., 471 S.W.3d at 920 (citing In re J.P.B., 180 S.W.3d 570, 573 (Tex. 2005) (per curiam); In re J.L.B., 349 S.W.3d 836, 846 (Tex. App.—Texarkana 2011, no pet.)). “We assume the trial court, acting as fact-finder, resolved disputed facts in favor of the finding, if a reasonable fact-finder could do so, and disregarded evidence that the fact-finder could have reasonably disbelieved or the credibility of which reasonably could be doubted.” Id. (citing In re J.P.B., 180 S.W.3d at 573).

By comparison, when reviewing factual sufficiency, “we give due consideration to evidence the trial court could have reasonably found to be clear and convincing.” Id. (citing

In re H.R.M., 209 S.W.3d 105, 109 (Tex. 2006) (per curiam)). “We consider only that evidence the fact-finder reasonably could have found to be clear and convincing and determine ‘“whether the evidence is such that a fact[-]finder could reasonably form a firm belief or conviction about the truth of the . . . allegations.”’” Id. (alteration in original) (quoting In re H.R.M., 209 S.W.3d at 109 (quoting In re 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. (quoting In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002)). To make this determination, we undertake “an exacting review of the entire record with a healthy regard for the constitutional interests at stake.” Id. (quoting In re A.B., 437 S.W.3d at 503 (quoting In re C.H., 89 S.W.3d at 26)). II. The Evidence at Trial At the February 2026 trial, Amber Ivy, a supervisor with Child Protective Services (CPS), testified that, in December 2024, CPS learned that Mother, who had a total of nine children and a prior CPS history, had been arrested for possessing drug paraphernalia in November 2024. According to Ivy, Mother failed to submit to a court-ordered drug test. For that reason, the trial court ordered Mother to participate in and abide by the recommendations of a substance abuse and psychosocial assessment and complete random drug testing. Ivy testified that Mother’s substance-abuse assessment recommended “outpatient intensive services at Lakes Regional MHMR,” which Mother refused to attend. Ivy also said that Mother did not complete her psychosocial assessment.

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