In the Interest of S.J., a Child v. the State of Texas

CourtTexas Court of Appeals, 6th District (Texarkana)
DecidedJanuary 21, 2026
Docket06-25-00038-CV
StatusPublished

This text of In the Interest of S.J., a Child v. the State of Texas (In the Interest of S.J., a Child v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 6th District (Texarkana) 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 S.J., a Child v. the State of Texas, (Tex. Ct. App. 2026).

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-25-00038-CV

IN THE INTEREST OF S.J., A CHILD

On Appeal from the 115th District Court Upshur County, Texas Trial Court No. 292-24

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION

Mother appeals the trial court’s order terminating her parental rights to her child, S.J.,

who was removed as a newborn by the Texas Department of Family and Protective Services.1,2

The trial court found that the Department had proved five statutory grounds allowing

termination, under subsections D (endangering conditions or surroundings), E (endangering

conduct), N (constructive abandonment), O (failure to comply with service plan), P (endangering

use of controlled substance), and R (child born addicted to controlled substance). See TEX. FAM.

CODE ANN. § 161.001(b)(1)(D), (E), (N), (O), (P), (R) (Supp.). The trial court also found

termination to be in S.J.’s best interest. See TEX. FAM. CODE ANN. § 161.001(b)(2) (Supp.).

Mother argues that the evidence is legally and factually insufficient to support all the alleged

grounds for termination. Mother asserts that the Department’s allegations of drug use against her

are conclusory because “no positive drug test for the mother from any point in the case was

admitted into evidence.”

On accelerated review,3 we find that legally and factually sufficient evidence supports the

trial court’s termination under ground E. Among other things, Mother failed to comply with the

testing requirements of a court-approved family service plan that specifically mentioned

1 We use initials, pseudonyms, or descriptive terms such as Mother and Father to protect the identity of the child. See TEX. FAM. CODE ANN. § 109.002(d) (Supp.); TEX. R. APP. P. 9.8. 2 Father’s parental rights were also terminated in the same proceeding, but he did not appeal the judgment. 3 See TEX. FAM. CODE ANN. § 263.405; TEX. R. APP. P. 28.4; TEX. R. JUD. ADMIN. 6.2(a) (requiring appellate courts to dispose of appeal from a judgment terminating parental rights, “so far as reasonably possible,” within 180 days after notice of appeal is filed); In re D.S., 602 S.W.3d 504, 512 (Tex. 2020) (“As we have long acknowledged, children’s lives cannot be ‘kept in limbo while judicial processes crawl forward[.]’” (alteration in original) (quoting In re B.L.D., 113 S.W.3d 340, 353 (Tex. 2003))).

2 methamphetamine. The trial court could reasonably consider the ongoing non-compliance as

presumed positive tests for methamphetamine. Additionally, there was testimony regarding

Mother’s inconsistent history of visiting the child, as well as Mother’s unstable employment and

housing situation. Considering the aggregate weight of the evidence, we find that termination on

the basis of ground E is supported.

We are required, however, to review the evidence regarding grounds D and E.

We find the evidence regarding ground D factually and legally insufficient. Ground D

focuses on the conditions at or before removal. The testimony from the Department was brief.

In a combined hearing regarding both Mother and Father, the Department’s presentation of its

contract caseworker consists of fourteen pages in the reporter’s record or roughly seven pages

per parent. Though the Department asserts that S.J. was born with methamphetamine in her

system, the Department did not put into evidence a drug test to that effect.

Termination, however, may be upheld on a single statutory ground.

Therefore, based on the ground E finding, we affirm the trial court’s judgment

terminating Mother’s parental rights.

I. Standard of Review

“‘The natural right which exists between parents and their children is one of

constitutional dimensions.’” D.V. v. Tex. Dep’t of Fam. & Protective Servs., 722 S.W.3d 854,

858 (Tex. 2025) (quoting Wiley v. Spratlan, 543 S.W.2d 349, 352 (Tex. 1976)). Consequently,

“[p]arents . . . benefit from an otherwise-inapplicable elevated standard of appellate review.” Id.

(citing In re N.G., 577 S.W.3d 230, 235 (Tex. 2019) (per curiam)). “On appellate review, we are

3 tasked with ‘undertak[ing] “an exacting review of the entire record with a healthy regard for the

constitutional interests at stake.”’” In re C.C., 720 S.W.3d 41, 50 (Tex. App.—Texarkana 2025,

no pet.) (alteration in original) (quoting In re A.B., 437 S.W.3d 498, 503 (Tex. 2014) (quoting

In re C.H., 89 S.W.3d 17, 26 (Tex. 2002))). “[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 C.H., 89 S.W.3d at 25. Though both

legal and factual sufficiency review deal with whether “a reasonable factfinder could form a firm

belief or conviction,” there is a difference between legal and factual sufficiency. In re A.C., 560

S.W.3d 624, 631 (Tex. 2018).

For legal sufficiency, the review is as follows:

In a legal sufficiency review, a court should look at all the evidence in the light most favorable to the finding to determine whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was true. To give appropriate deference to the factfinder’s conclusions and the role of a court conducting a legal sufficiency review, looking at the evidence in the light most favorable to the judgment means that a reviewing court must assume that the factfinder resolved disputed facts in favor of its finding if a reasonable factfinder could do so. A corollary to this requirement is that a court should disregard all evidence that a reasonable factfinder could have disbelieved or found to have been incredible. This does not mean that a court must disregard all evidence that does not support the finding. Disregarding undisputed facts that do not support the finding could skew the analysis of whether there is clear and convincing evidence.

If, after conducting its legal sufficiency review of the record evidence, a court determines that no reasonable factfinder could form a firm belief or conviction that the matter that must be proven is true, then that court must conclude that the evidence is legally insufficient.

In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002).

4 “The distinction between legal and factual sufficiency lies in the extent to which disputed

evidence contrary to a finding may be considered.” In re A.C., 560 S.W.3d at 630. “In

conducting a legal-sufficiency review, the reviewing court cannot ignore undisputed evidence

contrary to the finding, but must otherwise assume the factfinder resolved disputed facts in favor

of the finding.” Id. at 630–31 (emphasis added).4

By comparison, for factual sufficiency, the review is as follows:

Factual sufficiency . . . requires weighing disputed evidence contrary to the finding against all the evidence favoring the finding. In a factual-sufficiency review, the appellate court must consider whether disputed evidence is such that a reasonable factfinder could not have resolved it in favor of the finding.

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Related

In Re J.O.A.
283 S.W.3d 336 (Texas Supreme Court, 2009)
Walker v. Texas Department of Family & Protective Services
312 S.W.3d 608 (Court of Appeals of Texas, 2009)
Wiley v. Spratlan
543 S.W.2d 349 (Texas Supreme Court, 1976)
in the Interest of A.B. and H.B., Children
437 S.W.3d 498 (Texas Supreme Court, 2014)
In the Interest of J.T.G., H.N.M., Children
121 S.W.3d 117 (Court of Appeals of Texas, 2003)
in the Interest of O.R.F., a Child
417 S.W.3d 24 (Court of Appeals of Texas, 2013)
in the Interest of A.H.
414 S.W.3d 802 (Court of Appeals of Texas, 2013)
in the Interest of S.S., a Child
471 S.W.3d 915 (Court of Appeals of Texas, 2015)
in the Interest of Z.M.M., a Child
577 S.W.3d 541 (Texas Supreme Court, 2019)
in Re Interest of N.G., a Child
577 S.W.3d 230 (Texas Supreme Court, 2019)
In the interest of C.H.
89 S.W.3d 17 (Texas Supreme Court, 2002)
In the Interest of J.F.C.
96 S.W.3d 256 (Texas Supreme Court, 2002)
In the Interest of B.L.D.
113 S.W.3d 340 (Texas Supreme Court, 2003)
In the Interest of A.V.
113 S.W.3d 355 (Texas Supreme Court, 2003)

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In the Interest of S.J., a Child v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sj-a-child-v-the-state-of-texas-txctapp6-2026.