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

Texas Court of Appeals, 1st District (Houston)·Decided January 29, 2026·No. 01-25-00609-CV·Published

Opinion

Opinion issued January 29, 2026.

In The

Court of Appeals

For The

First District of Texas

committed the predicate acts under Texas Family Code Sections 161.001(b)(1)(D), (E), (N), (O), and (P), and that termination of her rights was in the best interest of Zane, Gabriel, and Violet.1 TEX. FAM. CODE § 161.001(b)(1)(D), (E), (N), (O), and (P).2 As we construe Mother’s issues on appeal, Mother argues there is legally and factually insufficient evidence supporting the trial court’s findings that (1) Mother committed the predicate act under Section 161.001(b)(1)(N), and (2) termination of her rights was in the best interest of Zane, Gabriel, and Violet. She also argues that the trial court abused its discretion in appointing the Texas Department of Family and Protective Services as the children’s sole managing conservator.

We affirm the trial court’s decrees of termination.

1 To protect the identity of the minor children, we refer to them and their foster parents by pseudonyms. See TEX. R. APP. P. 9.8(b)(2).

2 The Texas Legislature amended Family Code Section 161.001(b)(1) and repealed Subsection (O), effective September 1, 2025. See Act of May 16, 2025, 89th Leg., R.S., ch. 211, § 2, 4, 2025 Tex. Sess. Law Serv. 573, 574–75; In re D.M., No. 11-

25-00102-CV, 2025 WL 2980658, at *1 n.2 (Tex. App.—Eastland Oct. 23, 2025, no pet.) (mem. op.). The repeal applies only to suits affecting the parent-child relationship pending on or after the effective date. See In re D.M., 2025 WL 2980658, at *1 n.2. Because the notice of appeal in this matter was filed prior to the effective date, former Subsection (O) remains in effect for the purpose of this appeal. See id.

Because the Texas Legislature repealed former Subsection (O), former Subsection (P) is the current Subsection (O). Any references to Section 161.001(b)(1)(O) and Section 161.001(b)(1)(P) in this memorandum opinion are to the previous version of the statute that was in effect on July 28, 2025—the date the trial court signed its order terminating Mother’s parental rights to Zane, Gabriel, and Violet.

Background

Mother has five children: A.M. (“Alan”), born in 2007, A.M. (“Amy”), born in 2009, Zane, born in 2012, Gabriel, born in 2015, and Violet, born in 2017. This appeal does not involve Alan or Amy.3 The Department of Family and Protective Services (“Department”)4 received multiple referrals between July 2007 and December 2023 for neglectful supervision, neglect, and physical abuse of the children by Mother. After the latest incident in December 2023, when Mother was involuntarily committed to a mental health treatment center, the Department removed Zane, Gabriel, and Violet from Mother’s care and filed petitions to terminate Mother’s rights to the children.5 The trial court conducted a bench trial over four days in May and June 2025. When trial commenced, Zane was thirteen years old, Gabriel was ten years old, and Violet was eight years old.

3 Alan and Amy were not subject to the underlying cases. Both Alan and Amy live with their father’s family, and Mother is not in contact with either child.

4 For purposes of this appeal and ease of reference, the term “Department” also includes Harris County Child Protective Services.

5 The underlying legal proceedings are two companion cases–one involving Zane and a second involving Gabriel and Violet. For purposes of this appeal, it is not necessary for us to discuss the procedural history of these proceedings.

Trial

Testimony and exhibits admitted at trial reflect that Mother had a history of ongoing substance abuse and untreated mental illness, and that she neglected and endangered Zane, Gabriel, and Violet throughout their lives.

Status reports prepared by the Department, which were admitted into evidence, reflect that the Department became involved with Mother when the Department received a report for neglectful supervision and physical abuse by Mother of her oldest child Alan in July 2007. According to the report, Mother “may [have been] experiencing postpartum depression” and was “expressing suicidal and homicidal ideations.”

In April 2013, the Department received another report of neglectful supervision alleging that Mother was using “marijuana daily which impair[ed] her ability to meet the supervisory needs of 1 yo [Zane].” Four months later, in August 2013, the Department received another report of neglectful supervision, physical abuse, and physical neglect by Mother alleging that two-year-old Zane was living in “an unsanitary home condition” and receiving “inadequate physical care” from Mother. Mother, who was using methamphetamines, had struck Zane with “an open hand leaving welts on [the] 2 yo’s arms and legs.”

Two years later in December 2015, the Department received a report for neglectful supervision of Zane and Gabriel by Mother that resulted in the children’s

removal from her care. The children’s caseworker, Donnisha Tate, testified that the case involved “mental health concerns, extensive drug usage, relapse, and in and out of mental health hospital.”

In May 2017, the Department received a separate report for Mother’s neglectful supervision of Violet, who was only a few weeks old. The Department ruled out the allegations after determining that Mother’s home had “all the basic needs” to care for a newborn and Mother and Violet’s father D.M.D. (“Doug”) provided negative drug tests. According to the caseworker, the children were returned to Mother in August 2017 after she participated in a drug treatment program. According to Mother’s medical records, she reported in June 2016 that she had been receiving drug treatment following an arrest for possession of heroin. She stated that she had used heroin “on and off” for the last two years, but she had begun “doing it daily and was either injecting it or snorting it.”

In August 2018, the Department received another report for neglectful supervision of the children by Mother when she was taken to the hospital after she overdosed on prescription medication “while her children were in the home with her.” Mother “admitted to hospital staff that she was attempting to kill herself because she was tired of life,” and according to her medical records, Mother expressed no remorse or regret for her actions. She also reported having auditory

hallucinations, as well as a history of anxiety, depression, panic attacks, and self- harm.

In February 2021, the Department received another report of neglectful supervision of the children by Mother in which there “were concerns due to the mother having delusions about people searching for her, and she was hearing voices.” According to the status report, Mother’s behavior concerned her young children, who were unable to sleep at night.

The Department received additional reports between August 16 and December 15, 2023. The reports alleged neglectful supervision of the three children by Mother. Among other allegations, a neighbor reported to the Department that Gabriel, who was then eight years old, had been left at home several times without adult supervision. Gabriel “would be starving” and he often wandered to a neighbor’s house to find food and to sleep. According to the neighbor, Gabriel was often “barefoot and filthy,” and was “in the street at all times of the night.” The neighbor reported that there was a foul odor coming from Mother’s home and she suspected that drugs were being manufactured in the home. Gabriel told the neighbor that Mother had choked him. When the investigator called Mother, Mother refused to come home because she had an appointment at T-Mobile.

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

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