A parent's rights can be terminated if they are not able to properly care for their child. The Eighth District Court of Appeals in El Paso recently dealt with this issue in In the Int. of R.A.B., 2023 Tex. App. The appellate court held that the termination of a mother's parental rights was appropriate based on Tex. Fam. Code Ann. Section 161.001(b)(1)(D) and (E), as well as a finding of child endangerment. As such, severing the parent-child relationship was in the children's best interest. Why?

In R.A.B., the mother and her partner were observed at a known drug house. In addition, the mother's partner was also seen blowing into the children's faces. Following that incident, the children tested positive for amphetamine and methamphetamine. One might presume that the mother had learned her lesson and would abstain from drug use during the pendency of the ensuing CPS case. Unfortunately, the mother endangered the children's lives prior to their removal and continued engaging in the use of illicit drugs following their removal during the pendency of the case. The mother's drug use was reflected by her refusal to comply with a court order mandating random drug testing. In addition, in regard to the testing that the mother did engage in, she tested positive for methamphetamine and amphetamine on several occasions, spread over the 18-month pendency of the case. Additionally, the parenting plan required her to attend in-patient drug rehabilitation, which she refused to do.