Tex. Fam. Code Ann. § 161.001
Termination of the parent-child relationship: the cases that interpreted this section
4,769 citing cases reviewed of 10,838 in the citation index: 3,826 interpreted the section (annotated below), 943 cited it only in passing. Cases filed after 2026-06-24 may not have been reviewed yet.
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Requirements for termination
Section 161.001 permits termination of parental rights when clear and convincing evidence establishes a statutory ground and shows that termination is in the child's best interest.
in the Interest of Octavia Devon Allen, a Child · filed 2001-09-12
Section 161.001 of the Family Code provides that parental rights may be terminated if the trial court finds by clear and convincing evidence that the parent has engaged in conduct of the type proscribed by the statute and if it also finds that termination would be in the best interest of the child.Read the full opinion on CourtListener →
Termination under subsection (1)(E) requires clear and convincing evidence of endangering conduct and that termination is in the child's best interest.
In Re JOC · filed 2001-04-25(1)(E)
Because of the drastic nature of involuntary termination under the provisions of Section 161.001 of the Family Code, we require the petitioner to establish two elements, each by clear and convincing evidence. First, petitioner must prove a culpable act or omission on the part of the parent under the first subsection of the statute. Second, petitioner must prove that termination of the parent-child relationship is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of a statutory ground for termination and that termination is in the child's best interest.
In Re WC · filed 2001-09-06
Under that section, a court may order termination of the parent-child relationship if it finds by clear and convincing evidence one or more of the statutory ground set out in Section 161.001(1), and determines that termination is in the best interest of the child as required by Section 161.001(2).Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence supports at least one endangerment ground under subsection (1)(D) or (E) and shows that termination is in the child's best interest under subsection (2).
R. H. v. Texas Department of Protective and Regulatory Services · filed 2001-05-10(1)(D)-(E), (2)
We conclude that the evidence is legally and factually sufficient to determine that the children's physical and emotional well-being was endangered and that the termination was in the best interest of the children.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence shows that a parent endangered a child's physical or emotional well-being and termination is in the child's best interest.
Hastings v. Hastings · filed 2001-05-17(1)(E)
We conclude that the trial court could have found by clear and convincing evidence that Mr. Hastings engaged in conduct that endangered the physical or emotional well-being of the boys. We also find that termination effectuated Mr. Hastings's wishes expressed in court and the boys' wishes expressed in evidence. Because termination was in the boys' best interest, we conclude that the court did not err by terminating Mr. Hastings's parental rights to the boys.Read the full opinion on CourtListener →
Section 161.001 requires a statutory ground for termination and a finding that termination is in the child’s best interest.
In the Interest of J.F.C. · filed 2001-07-13(1), (2)
By any reasonable reading, the charge does not require the jury to find that the termination of Tawnya’s rights was in the best interest of the children. Nor does it require that the termination of Paige’s rights be in the best interest of the children except as to ground “B.” This constitutes an obvious and fundamental charge error. The charge fails to require all the findings that, under the Family Code, are necessary to terminate parental rights. Tex. Fam. Code Ann. § 161.001(1), (2) (Vernon Supp.2001).Read the full opinion on CourtListener →
Legally and factually sufficient evidence under subsections (1)(E) and (2) supported termination.
In the Interest of D.M. · filed 2001-10-04(1)(E), (2)
Having determined the evidence is both legally and factually sufficient to support the jury’s findings under sections 161.001(1)(E) and 161.001(2), we affirm the trial court’s judgment.Read the full opinion on CourtListener →
Section 161.001 termination proceedings are not subject to the 180-day notice requirement in section 161.003(c).
Roy v. Texas Department of Protective and Regulatory Services · filed 2001-10-24
However, the State did not allege termination under section 161.003. Thus, the 180-day notice requirement set forth in that rule is inapplicable to termination proceedings pursuant to section 161.001, which contains no such restriction.Read the full opinion on CourtListener →
Section 161.001 treats endangerment and the child's best interest as separate findings for termination.
In Re GC · filed 2002-01-03(1)(E), (2)
Appellant did object to the charge on several bases related to the best interests of the child; however, she complains on appeal about the jury's finding that she engaged in conduct that endangered the physical or emotional well-being of G.C., which is a separate finding from the finding that termination is in the best-interest of the child.Read the full opinion on CourtListener →
Section 161.001 permits termination when one statutory ground is established and termination is in the child's best interest.
in the Interest of S.M.M. · filed 2002-08-29(1)
Furthermore, a finding on any one of the nineteen grounds listed under Tex. Fam. Code Ann. § 161.001(1) (Vernon Supp. 2002), coupled with a finding that termination is in the best interest of the child, is sufficient to terminate parental rights.Read the full opinion on CourtListener →
Section 161.001 permits termination on clear and convincing proof of a listed ground and that termination is in the child's best interest.
Virginia Trevino and Juan Trevino v. Texas Department of Protective and Regulatory Services · filed 2002-02-22
A trial court may terminate a parent-child relationship if it finds (1) that the parent has engaged in any of the conduct set out as grounds for termination and (2) that termination is in the child's best interest; the Department must establish these elements by clear and convincing proof.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence to terminate parental rights.
In Re RH · filed 2002-03-13
Parental rights can only be terminated by a showing of clear and convincing evidence. See Tex. Fam.Code Ann. § 161.001 (Vernon Supp.2001). This requires that the evidence produce in the mind of a rational factfinder a firm belief or conviction as to the truth of the allegations sought to be established.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence to terminate parental rights.
In the Interest of R.H. · filed 2002-03-13
Parental rights can only be terminated by a showing of clear and convincing evidence.Read the full opinion on CourtListener →
Section 161.001(1)(D) and (E) provide alternative grounds for terminating parental rights when termination is in the child’s best interest.
Thornton v. Texas Department of Protective and Regulatory Services · filed 2002-02-22(1)(D), (E)
There is no assertion that any of the bases for termination submitted to the jury in this case are invalid. Each of the disjunctively submitted issues is a sufficient basis for termination.Read the full opinion on CourtListener →
Section 161.001 permits alternative statutory grounds for termination to be submitted in one jury question, with a separate determination of the child's best interest.
Paige A. Cox and Tawnya L. Cox v. Texas Department of Protective and Regulatory Services · filed 2002-05-23
This structure follows the statutory requirement: it poses the statutory bases for termination, then asks whether termination is appropriate considering the best interest of the child, before asking the jury to decide whether to terminate the parent-child relationship. ... Because E.B. forecloses appellants' arguments, we overrule appellants' issues regarding the construction of the jury charge.Read the full opinion on CourtListener →
An unchallenged finding under subsection (1)(M) can support termination when termination is also in the childs best interest.
in Re: Billy G. Colvin · filed 2002-08-06(1)(M)
Because the trial courts finding with respect to Section 161.001(1)(M) was unchallenged, and can support the order of termination, it is unnecessary to review legal and factual sufficiency arguments as to the other grounds.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence supports an endangerment ground and shows that termination is in the child's best interest.
in the Interest of K.F., A/K/A K.L.D., a Child · filed 2002-08-15(1)(D), (1)(E), (2)
Because a reasonable finder of fact could form a firm belief or conviction that grounds exist for termination under subsections D and E of Section 161.001(1), points of error one through four are overruled. ... We hold that a reasonable finder of fact could form a firm belief or conviction that termination of Paige Folsom's parental rights is in K.F.'s best interest.Read the full opinion on CourtListener →
Section 161.001(1) requires proof that the parent committed at least one listed act before parental rights may be terminated.
in the Interest of K.M.K., a Minor Child · filed 2002-12-11(1)
This evidence is sufficient to support the jury's finding that Kelch engaged in one of the events listed in the jury charge which would support termination under section 161.001(1).Read the full opinion on CourtListener →
Section 161.001(1) permits termination when clear and convincing evidence establishes a statutory ground and termination is in the child’s best interest.
Strather v. Dolgencorp of Texas, Inc., D/B/A Dollar General Stores · filed 2002-09-11(1)(E), (1)(O)
The Department focuses on Section 161.001(E) and (O), and because we find the evidence sufficient to prove these grounds of termination, we need not discuss the remaining statutory grounds included in the courts order.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes endangering conditions or conduct and shows that termination is in the children's best interests.
In Re NK · filed 2003-02-05(1)(D), (1)(E), (2)
In light of this evidence, we cannot say that the trial court erred in finding that Mrs. Kenyon knowingly placed the children in conditions that endangered their physical and emotional well-being. The trial court could reasonably form a firm belief that, based on her actions as shown by this evidence as well as by persistently engaging in illegal conduct, such as using crack cocaine, Mrs. Kenyon knowingly engaged in conduct that endangered the physical and emotional well-being of her children. Furthermore, the trial court did not err in finding there was clear and convincing evidence that terminating Mrs. Kenyon's parental rights was in the children's best interests.Read the full opinion on CourtListener →
Section 161.001 requires proof of at least one listed ground for termination and that termination is in the child’s best interest.
In the Interest of L.M. · filed 2003-03-13(1), (2)
To terminate Mitchell’s parental rights, the court was required to find that Mitchell committed one of the acts or omissions prohibited by section 161.001(1) of the Family Code and that termination was in L.M.’s best interests.Read the full opinion on CourtListener →
Section 161.001(1)(E) requires a finding of endangerment, but the termination judgment need not identify the specific conduct supporting that finding.
In Re AIG · filed 2003-03-31(1)(E)
Furthermore, the trial court's judgment tracked the language of the Family Code provision dealing with endangerment of a child's well-being. See TEX. FAM.CODE ANN. § 161.001(1)(E) (Vernon 2002). After entering the endangerment finding based on clear and convincing evidence, the trial court entered a finding based on clear and convincing evidence that termination of Garza's parental relationship was in the best interests of A.I.G. and J.A.M. This is all the Family Code requires the State to prove, and all the trial court is required to find.Read the full opinion on CourtListener →
Section 161.001(1)(E) requires clear and convincing findings of endangerment and the child’s best interest; the termination judgment need not state the specific facts supporting those findings.
in the Interest of A.I.G. and J.A.M., Children · filed 2003-03-31(1)(E)
After entering the endangerment finding based on clear and convincing evidence, the trial court entered a finding based on clear and convincing evidence that termination of Garza’s parental relationship was in the best interests of A.I.G. and J.A.M. This is all the Family Code requires the State to prove, and all the trial court is required to find. Therefore, Garza’s argument that this court should abate the appeal and order the trial court to make factual findings is without merit.Read the full opinion on CourtListener →
Section 161.001 requires a termination petition to allege a statutory ground for termination and that termination is in the child’s best interest.
in the Interest of K.M., K.M., and K.M. · filed 2003-05-01(1), (2)
A petition is sufficient if it alleges the statutory ground that supports termination under section 161.001(1) and that termination is in the best interest of the child. ... We have reviewed the petition and conclude that it complies with the specific statutory requirements of section 161.001.Read the full opinion on CourtListener →
Law changed since H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
Section 161.001(1)(E) and (O) provide termination grounds for endangering conduct and failure to comply with a court order specifying the steps needed for a child's return.
In Re WEC · filed 2003-06-05(1)(E), (1)(O)
Accordingly, because we conclude there is both legally and factually sufficient evidence to support the jury's findings under family code section 161.001, subsections E and O, we need not address appellant's remaining points with respect to the jury's findings under section 161.001, subsection D or section 161.003(a).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 161.001(1)(E) and (O) provide grounds for termination based on endangering conduct or failure to comply with a court order setting the actions needed for a child’s return.
in the Interest of W.E.C. · filed 2003-06-05(1)(E), (1)(O)
Accordingly, because we conclude there is both legally and factually sufficient evidence to support the jury’s findings under family code section 161.001, subsections E and O, we need not address appellant’s remaining points with respect to the jury’s findings under section 161.001, subsection D or section 161.003(a).Read the full opinion on CourtListener →
Section 161.001 permits involuntary termination only when a parent has committed a harmful predicate act or omission and termination is in the child’s best interest.
in the Interest of R.I.S., E.T., Jr. and D.C.T., Children · filed 2003-10-30
A court may order involuntary termination only if the court finds that: (1) a parent has committed a predicate act or omission harmful to the child, and (2) tei'mination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of both a statutory ground for termination and the child’s best interest.
Williams v. Williams · filed 2004-01-08
A court may terminate parental rights if it finds that: (1) the parent has engaged in any of the specific conduct enumerated in the family code as grounds for termination, and (2) termination is in the best interest of the child. Tex. Fam. Code Ann. § 161.001; ... The fact finder must determine that clear and convincing evidence supports both elements; proof of one element does not relieve the burden of proving the other.Read the full opinion on CourtListener →
Section 161.001 requires the Department to prove its allegations for termination by clear and convincing evidence.
In the Interest of A.H. · filed 2003-09-09
To succeed in severing the parent-child relationship, the Department must prove its allegations by clear and convincing evidence. See Tex. Fam.Code Ann. § 161.001 (Vernon 2002).Read the full opinion on CourtListener →
Section 161.001(1) requires proof of only one statutory ground to support a judgment terminating parental rights.
In Re JTG · filed 2003-10-16(1)
However, when multiple grounds for termination are sought and the trial court submits the issue using a broad-form question, we must uphold the jury's findings if any of the grounds for termination support the jury's finding; only one finding under section 161.001(1) is necessary to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 requires both a statutory ground for termination and a finding that termination is in the child's best interest.
In Re JL · filed 2004-02-12(1)(D), (1)(E), (2)
There being no violations of subsection (1) of section 161.001, neither the jury nor the trial court could find or deem that termination was in the best interest of J.L. under subsection (2) because findings under both subsections are required.Read the full opinion on CourtListener →
Section 161.001 requires proof of a listed parental act or omission and that termination is in the child's best interest.
in the Interest of C.Y., Children · filed 2004-06-23(1)(D), (E), (2)
In proceedings to terminate the parent-child relationship, the Department must establish that the parent committed one or more acts or omissions listed under section 161.001(1) of the Texas Family Code and that termination of the parent-child relationship is in the best interest of the child. ... Based on the evidence presented at trial, we conclude that the evidence was legally and factually sufficient to support termination of Pittman's parental rights to his daughter, H.P.Read the full opinion on CourtListener →
Section 161.001 requires evidence supporting at least one statutory ground for termination and a finding that termination is in the children’s best interest.
in the Interest of M.S., E.S., D.S., S.S. and N.S., Minor Children · filed 2004-07-01
In assessing the prejudice prong of the appellant’s claim of ineffective assistance of counsel, we must determine whether, on the entire record, the jury could reasonably form a firm conviction or belief that Strickland violated one of the alleged conduct predicates of Section 161.001(1) and that the termination of her parental rights would be in the best interest of the children.Read the full opinion on CourtListener →
Section 161.001 requires a finding of a statutory ground for termination as well as a finding that termination is in the child’s best interest.
in the Interest of J.L., a Child · filed 2004-02-12(1)(D), (1)(E), (2)
There being no violations of subsection (1) of section 161.001, neither the jury nor the trial court could find or deem that termination was in the best interest of J.L. under subsection (2) because findings under both subsections are required.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes a statutory ground, such as endangering conditions, endangering conduct, or failure to comply with a court order, and termination is in the child's best interest.
Trahan v. Texas Department of Protective and Regulatory Services · filed 2004-04-22(1)(D), (E), (O)
Under the clear and convincing standard, the evidence is legally and factually sufficient to support a finding that Trahan had violated provisions of the trial court's February 2002 order. ... Based on this record, the evidence is legally and factually sufficient to allow a rational trier of fact to form a firm conviction that Trahan knowingly placed or allowed G.T. to remain in endangering conditions or surroundings and engaged in endangering conduct or knowingly placed G.T. with people who engaged in such conduct.Read the full opinion on CourtListener →
Section 161.001 permits termination when a parent fails to support a child for one year or fails to comply with a court order, if termination is in the child’s best interest.
Sanders v. Texas Department of Protective and Regulatory Services · filed 2004-06-10(1)(F), (1)(O)
We hold that the evidence is factually sufficient to support the findings that Sanders violated a court order and failed to support A.D. for a period of one year and that termination was in A.D.’s best interest.Read the full opinion on CourtListener →
Section 161.001 requires the Department to prove by clear and convincing evidence at trial that termination of parental rights is appropriate.
in the Interest of T.H.L.D., a Child · filed 2004-07-01
This section is not the equivalent of section 161.001 of the family code, which requires TDPRS to assume the burden of proof at trial to establish by clear and convincing evidence that termination of the parental rights is appropriate under the family code.Read the full opinion on CourtListener →
Section 161.001 requires at least one statutory ground for termination and evidence that termination is in the child’s best interest.
Polanco v. Department of Family and Protective Services · filed 2005-04-07(1), (2)
Counsel explains, for example, why he concludes that legally and factually sufficient evidence supported the termination, which requires at least one basis for termination enumerated in Family Code section 161.001(1) and evidence that termination was in T.P.’s best interest. See Tex. Fam. Code Ann . § 161.001(1), (2) (Vernon 2002). We have reviewed the entire record and concur with counsel’s evaluation concerning the sufficiency of the evidence.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of both a statutory ground for termination and that termination is in the children's best interests.
Middleton v. Texas Department of Protective and Regulatory Services · filed 2005-05-12
To terminate a parent's rights to her children, the Department must prove and the trial court must find by clear and convincing evidence both of the following statutory requirements: (1) that the parent has engaged in conduct set out as statutory grounds for termination and (2) that termination is in the children's best interests.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes an endangering condition or conduct and shows that termination is in the child’s best interest.
in the Interest of N.E., a Child · filed 2005-07-14(1)(D), (1)(E), (2)
We hold there is legally and factually sufficient evidence to support both grounds for termination.Read the full opinion on CourtListener →
A finding that a parent engaged in conduct endangering a child under § 161.001(1)(E) can support termination without review of other alleged grounds.
In the Interest of W.R.E. · filed 2005-07-18(1)(E)
Because we conclude that the evidence is both legally and factually sufficient to support the jury’s findings under subsection (E), and a finding as to any one of the acts or omissions enumerated in section 161.001(1) is sufficient to support termination, we need not address Elrod’s other issues.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes a statutory ground, including conduct or conditions that endanger the child, and shows termination is in the child's best interest.
In Re WDW · filed 2005-09-22(1)(D), (1)(E), (2)
A trial court may terminate the parent-child relationship if the fact finder finds by clear and convincing evidence (1) a parent committed one or more of the enumerated statutory acts or omissions, and (2) termination is in the best interest of the child. TEX. FAM.CODE ANN. § 161.001 (Vernon 2002). ... We conclude the evidence is legally and factually sufficient to support the jury's finding that Mother and Father engaged in conduct which endangered the physical or emotional well-being of the child or knowingly placed the child in conditions or surroundings which endangered the physical or emotional well-being of the child. ... We conclude the evidence is both legally and factually sufficient to support the jury's finding that termination of Mother and Father's parental rights was in the best interest of W.D.W.Read the full opinion on CourtListener →
Section 161.001 permits termination when the evidence supports a statutory ground and shows that termination is in the child’s best interest.
in the Interest of M.M., a Child · filed 2005-11-16(1)(F), (1)(O), (2)
We conclude this evidence is sufficient to support the trial court’s termination order. See Tex. Fam. Code Ann. §161.001(1)(F), (O), (2) (Vernon 2002).Read the full opinion on CourtListener →
Section 161.001(1) requires proof of only one predicate ground for termination, even when multiple grounds are alleged.
In Re TN · filed 2005-12-06(1)
Even if multiple grounds for termination are alleged, only one predicate finding under section 161.001(1) of the Code is required to terminate parental rights. In re N.H., 122 S.W.3d 391, 401 (Tex.App.-Texarkana 2003, pet. denied). That being so, our finding that sufficient clear and convincing evidence existed to support that finding pretermits the necessity for addressing the remaining statutory grounds for termination found by the trial court.Read the full opinion on CourtListener →
Section 161.001(1) requires proof of only one predicate ground for termination, even when multiple grounds are alleged.
in the Interest of T.N., B.N. and K.N., Children · filed 2005-12-06(1)
Even if multiple grounds for termination are alleged, only one predicate finding under section 161.001(1) of the Code is required to terminate parental rights.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes a statutory ground, such as endangering surroundings, endangering parental conduct, or failure to comply with a court order for the child’s return, and termination is in the child’s best interest.
Suley Hilbers and Bradley Hilbers v. Texas Department of Protective and Regulatory Services · filed 2006-05-05(1)(D), (1)(E), (1)(O)
Because there is legally and factually sufficient evidence to support all three of the statutory grounds for termination of appellants’ parental rights under section 161.001 of the family code, see Tex. Fam. Code Ann. § 161.001, we overrule their issues and affirm the trial court’s judgment.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children.
Section 161.001(1) provides alternative grounds for termination; when two grounds remain unchallenged, an appeal need not address the other grounds.
in the Interest of B.Y., L.M., and J.L., Children · filed 2006-06-22(1)
Because Read left two findings unchallenged under section 161.001(1), the only issue left for appeal is the factual sufficiency of the evidence underlying the trial court’s best interests finding.Read the full opinion on CourtListener →
Appellate review of a termination order is limited to the grounds under section 161.001 that the trial court found in the order.
Cervantes-Peterson v. Texas Department of Family & Protective Services · filed 2006-08-03
Accordingly, we overrule this Court’s previous holding in Thompson that such findings made in a judgment, which are required by statute, cannot form the basis of an appeal, and we hold, following Vasquez, that we review the sufficiency of the evidence presented under the specific statutory grounds found by the trial court in its termination order.Read the full opinion on CourtListener →
Law changed since H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
Section 161.001(1)(D), (E), and (O) provide grounds for termination based on endangering a child or failing to comply with a court order setting out the steps needed for the child’s return.
in the Interest of P.L.S., a Child · filed 2006-08-10(1)(D), (E), (O)
But our review of the record shows that like Julie, Lancer did not fully comply with the trial court’s order specifically establishing the actions necessary for him to obtain P.L.S.’s return, he housed P.L.S. in a hot trailer with no electricity in the middle of July, he was a primary caretaker during the time of P.L.S.’s quick, dramatic weight loss, he did not follow the doctor’s instructions thereafter to help P.L.S. regain his weight, and he did not ensure that P.L.S.’s environment was free from hazards.Read the full opinion on CourtListener →
A finding under either subsection (1)(D) or (1)(E) can independently support termination of parental rights.
in the Interest of C.S.C., a Child · filed 2006-11-30(1)(D), (E)
Either of the latter two findings was sufficient to support the trial court’s termination order. See Tex. Fam. Code Ann. § 161.001(1)(D), (E) (Vernon Supp. 2006).Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes endangering surroundings or conduct and shows that termination is in the child's best interest.
in the Interest of J.L., a Child · filed 2006-12-28(1)(D), (1)(E), (2)
Therefore, the evidence, under a clear and convincing standard, is factually sufficient to support the jury's findings that Bettina endangered J.L. under sections 161.001(1)(D),(E) and that the termination was in J.L.'s best interest.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of a statutory ground for termination and that termination is in the children's best interests.
Tonya Garner v. Texas Department of Family and Protective Services · filed 2007-06-14
A trial court may terminate a parent's rights to their children only if it finds (1) that the parent has engaged in conduct set out as statutory grounds for termination, and (2) termination is in the children's best interests. ... Having reviewed the evidence, we hold that the Department presented clear and convincing evidence of both elements.Read the full opinion on CourtListener →
Section 161.001 allows termination on grounds other than voluntary relinquishment, including endangering conditions or conduct.
in the Interest of L.K.M., a Minor Child · filed 2008-01-10(1)(D), (E)
While it is true that a parent’s voluntary relinquishment of a child can constitute legal grounds for termination, it is not the only ground for termination prescribed by statute.Read the full opinion on CourtListener →
A finding of endangering conduct under subsection (1)(E), together with a finding that termination is in the child’s best interest, supports termination without review of other grounds.
Bermea v. Texas Department of Family & Protective Services · filed 2008-04-03(1)(E)
The trial court’s finding under section 161.001(1)(E), together with its finding that termination was in the children’s best interest, are sufficient to support the termination, and we do not need to address the trial court’s other findings under section 161.001(1).Read the full opinion on CourtListener →
Section 161.001 permits termination when one statutory ground and the child's best interest are established; an unchallenged endangerment finding under subsection (1)(E) can support termination without review of other grounds.
Bermia v. Department of Family and Protective Services · filed 2008-04-03(1)(E)
The trial court's finding under section 161.001(1)(E), together with its finding that termination was in the children's best interest, are sufficient to support the termination, and we do not need to address the trial court's other findings under section 161.001(1).Read the full opinion on CourtListener →
Section 161.001 requires proof of a listed termination ground and proof that termination is in the child's best interest.
in the Interest of D.R.D., a Child · filed 2008-04-03(1), (2)
In proceedings to terminate the parent-child relationship brought under section 161.001 of the family code, the petitioner must establish one ground listed under subdivision (1) of the statute and must also prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
A conviction for endangering a child may support termination grounds under this section when the evidence meets the clear and convincing standard.
in the Interest of M.S. and A.S. · filed 2008-08-28(1)(D), (E), and (N)
Considering the conviction for endangering one of the children at issue in this proceeding and the record of the post-trial hearing, it does not appear arguable that the Department failed to establish any of the grounds for termination by clear and convincing evidence.Read the full opinion on CourtListener →
Section 161.001(1) requires clear and convincing evidence of at least one listed ground for termination.
Fletcher v. Department of Family & Protective Services · filed 2009-01-08(1)
In addition, the statute requires clear and convincing evidence of one of the acts or omissions stated in section 161.001(1)(A)-(T).Read the full opinion on CourtListener →
Section 161.001 permits termination when the court finds that termination is in the child's best interest and at least one statutory ground is established.
in the Interest of R.C.S. · filed 2009-02-05(1)
Kenneth M.'s parental rights can be terminated with a finding of best interest of the child and any one of the Section 161.001(1) grounds alleged by the Department and found by the trial court.Read the full opinion on CourtListener →
Section 161.001(1) allows the Department to pursue voluntary relinquishment and other statutory grounds for termination in the same proceeding.
in the Interest of K.W. and B.Y., Children · filed 2009-02-19(1)
The statute does not require the Department to elect between proceeding on the basis of voluntary relinquishment or proceeding on one of the other grounds listed in subdivision (1) of section 161.001.Read the full opinion on CourtListener →
Section 161.001(1) requires only one statutory ground for termination when termination is also found to be in the child's best interest.
in the Interest of C.C.D.W, Jr., and A. W., Children · filed 2009-04-02(1)
Because "[o]nly one predicate finding under section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child's best interest," In re A.V. , 113 S.W.3d 355, 362 (Tex. 2003), the unchallenged findings that Lucy committed acts prohibited by section 161.001(1)(D) and (E) are sufficient to support the judgment.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 161.001(1)(H) requires knowing abandonment during pregnancy and after birth; subsection (1)(O) requires a violated order directed to the parent and removal from that parent for abuse or neglect.
in the Interest of D.M.F., a Child · filed 2009-04-16(1)(H), (1)(O)
Thus, the abandonment must be with knowledge and occur both during the pregnancy and after the birth; all elements are required. ... Therefore, we conclude that there is legally insufficient evidence of an order directed to Jerry F. that he violated as required by subsection O. ... Moreover, subsection O applies only to a child who has been removed from the parent and placed with TDFPS due to the abuse or neglect of the child.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of at least one statutory ground and that termination serves the child's best interest.
Gammill v. Texas Department of Family and Protective Services · filed 2009-05-22
A court may terminate the parent-child relationship only if it finds clear and convincing evidence to support one or more of the statutory grounds and that termination would serve the child's best interest.Read the full opinion on CourtListener →
Section 161.001 permits termination of parental rights when a statutory ground and the child's best interest are supported by clear and convincing evidence.
in the Interest of R.W.S. and T.W.S. · filed 2009-06-11
The trial court did not err by finding that grounds for terminating S.S.'s parental rights existed and that termination would be in the best interest of R.W.S. and T.W.S.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing proof of a statutory ground for termination and that termination is in the child’s best interest.
in the Interest of K.J.S. · filed 2009-11-17(1), (2)
Parental rights can be terminated only upon proof by clear and convincing evidence that (1) the parent has committed an act prohibited by section 161.001(1) of the Texas Family Code, and (2) termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 makes evidence relevant to termination when it bears on an alleged ground for termination or the child’s best interest.
Murray v. Texas Department of Family & Protective Services · filed 2009-08-13
Therefore, any evidence that makes it more or less likely that Murray endangered N.M.’s physical or emotional well-being or that relates to N.M.’s best interest is relevant.Read the full opinion on CourtListener →
Section 161.001 requires proof of a statutory ground for termination and that termination is in the child’s best interest.
McCarthy v. State · filed 2009-08-13
In a termination proceeding, the Department must prove one of the alleged statutory grounds for termination—in this case that Murray endangered N.M.’s physical or emotional well-being—and that termination is in the child’s best interest. See Tex. Fam. Code Ann. § 161.001. Therefore, any evidence that makes it more or less likely that Murray endangered N.M.’s physical or emotional well-being or that relates to N.M.’s best interest is relevant.Read the full opinion on CourtListener →
Section 161.001 permits termination when legally and factually sufficient evidence supports endangerment and a finding that termination is in the children’s best interest.
in the Interest of C.H. and M.H., the Children and in the Interest of E.M.B., R.H.D.G., and J.G.G., Minor Children · filed 2009-09-17(1)(D), (E), (2)
Because we hold that the evidence is legally and factually sufficient to support the endangerment findings 4 and the best interest finding,5 we affirm the trial court’s judgments.Read the full opinion on CourtListener →
Section 161.001 permits termination when a statutory ground, including endangerment or failure to comply with a court order for the child’s return, and the child’s best interest are established by clear and convincing evidence.
Tolbert v. Texas Department of Family & Protective Services · filed 2009-09-30(1)(E), (O)
The statutory grounds for termination were conclusively established. See Tex. Fam. Code Ann. § 161.001(1)(E), (O) (West 2008); In re J.F.C., 96 S.W.3d 256, 264-65 (Tex. 2002) (standards of review for legal and factual sufficiency challenges in parental termination cases). Additionally, the evidence was legally and factually sufficient that termination was in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 permits termination when one statutory predicate ground and the child's best interest are established; other predicate grounds need not be considered.
in the Interest of K.L.G. AKA C.G., a Child · filed 2009-10-15(1)(Q)
Therefore, the unchallenged findings that termination is supported by section 161.001(1)(Q) and termination is in K.L.G.’s best interest are binding, and the judgment of termination may be supported without considering the other statutory predicate grounds.Read the full opinion on CourtListener →
Section 161.001 requires a best interest finding and only one predicate ground to support termination of parental rights.
Hyatt III v. Department of Family and Protective Services · filed 2009-10-22(1)
When, as here, there is a finding that termination is in the best interest of the children, only one predicate finding under Family Code section 161.001(1) is necessary to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground for termination when termination is also found to be in the child’s best interest.
Gamez v. Texas Department of Family and Protective Services · filed 2009-12-01(1)
When multiple predicate grounds for termination are alleged under section 161.001(1), only one ground is necessary to support the judgment when there is also a finding that termination is in the child’s best interest.Read the full opinion on CourtListener →
A supported finding under subsection (1)(M), together with a best interest finding, is sufficient to terminate parental rights without deciding other alleged grounds.
in the Interest of L.A.C., Minor Child · filed 2009-12-10(1)(M)
Along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination. ... Because we uphold the finding under subsection (M), we need resolve only whether the evidence is legally and factually sufficient to support the best interest finding.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground to support a termination judgment.
in the Interest of V.M.O. and K.A.O., Children · filed 2009-12-18(1)
If multiple predicate grounds are found by the trial court, we will affirm based on any one ground because only one is necessary for termination of parental rights.Read the full opinion on CourtListener →
Section 161.001 requires only one predicate ground and a best-interest finding to support termination of parental rights.
in the Interest of H. M. P. and B. R. P., Children · filed 2010-01-07(1)
Because "[o]nly one predicate finding under section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child's best interest," (47) we need not address J.C.'s remaining issues on appeal pertaining to sections 161.001(1)(D) and 161.001(1)(F) of the family code.Read the full opinion on CourtListener →
An unchallenged finding under subsection (1)(L)(ix) can support termination without review of the other statutory grounds when the evidence also supports the child’s best interest.
in the Interest of N.J.G., a Child · filed 2010-01-13(1)(L)(ix)
Furthermore, she has not challenged on appeal the sufficiency of the evidence to support the trial court’s finding that the circumstances satisfied the statutory provision. That being so, we need not address the sufficiency of the evidence with respect to the other grounds.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children.
Once one statutory ground for termination under section 161.001(1) is upheld, an appellate court need not address challenges to other statutory grounds.
N.S. v. Texas Department of Family and Protective Services · filed 2010-06-18(1)
Further, as N.S. appeals only on statutory grounds, and as only one statutory ground is required to support an order of termination, see id. § 161.001(1), we need not address N.S.'s remaining arguments.Read the full opinion on CourtListener →
Section 161.001 requires a best-interest finding and proof of only one statutory ground to terminate parental rights.
In Re CPVY · filed 2010-06-24
Once the best interest finding under section 161.001(2) is satisfied, the party seeking termination need prove only one of the termination grounds listed under section 161.001(1).Read the full opinion on CourtListener →
Section 161.001 requires proof that termination is in the child’s best interest and proof of only one statutory ground for termination.
In the Interest of C.P.V.Y. · filed 2010-06-24(1)
Once the best interest finding under section 161.001(2) is satisfied, the party seeking termination need prove only one of the termination grounds listed under section 161.001(1). ... Therefore, the trial court’s termination order is supported by sufficient evidence, and we need not address issues two, three, four and five.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes a statutory ground, including endangerment through a child’s surroundings or a parent’s conduct, and shows that termination is in the child’s best interest.
Ayala v. Texas Department of Family and Protective Services · filed 2010-09-16(1)(D), (1)(E), (2)
Termination of parental rights requires two findings: first, that the parent engaged in one or more statutorily proscribed behaviors, and second, that termination is in the children's best interest. See Tex. Fam. Code § 161.001. In this case, the jury found that Ayala satisfied the former requirement two ways: (1) by knowingly placing or allowing her children to remain in conditions or surroundings which endangered their physical or emotional well-being, id . § 161.001(1)(D), and (2) by engaging in conduct or knowingly placing the children with persons who engaged in conduct that endangered their physical or emotional well-being, id . § 161.001(1)(E). The jury separately found that termination was in the children's best interest. Id . § 161.001(2). Our task is to determine whether there was legally and factually sufficient evidence to support these findings. We hold that there was.Read the full opinion on CourtListener →
One ground under § 161.001(1), together with a best interest finding, is sufficient to support termination.
in the Interest of D.K.W., a Child · filed 2010-10-07(1)
However, along with a best interest finding, a finding of only one ground alleged under section 161.001(1) of the family code is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes endangerment under subsection (1)(D) or (E) and shows that termination is in the child’s best interest under subsection (2).
in the Interest of J.A.G., a Child · filed 2010-11-10(1)(D), (E); (2)
Because we hold that the evidence is legally and factually sufficient to support all the trial court’s findings, we affirm the trial court’s judgment.Read the full opinion on CourtListener →
One predicate ground under section 161.001(1), together with a best-interest finding, is sufficient to support termination.
in the Interest of M.F. and B.F., Children · filed 2010-12-02(1)
Where multiple section 161.001(1) termination grounds are found by the trial court, we will affirm based on any one ground.Read the full opinion on CourtListener →
Section 161.001 requires proof of one listed ground for termination and a finding that termination is in the child's best interest.
in the Interest of S.R. and D.G., Children · filed 2010-12-08(1)
The Department need only prove one ground for termination listed under TEX. FAM. CODE ANN. § 161.001(1) and that termination is in the best interest of the children.Read the full opinion on CourtListener →
An unchallenged finding under subsection (1)(M) can support termination without appellate review of the other predicate grounds.
In the Interest of K.W. and K.W., Children · filed 2011-02-18(1)(M)
Because the trial court’s finding with respect to Section 161.001(1)(M) was unchallenged, and can support the order of termination, it is unnecessary to review legal and factual sufficiency arguments as to the other grounds.Read the full opinion on CourtListener →
Section 161.001 requires only one predicate ground to support termination when termination is also found to be in the child’s best interest.
in the Interest of D. C. and D. C., Children · filed 2011-03-01(1)
Only one predicate finding under Section 161.001(1) is necessary to support a judgment of termination, when there is also a finding that termination is in the child’s best interest.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground to support termination of parental rights.
In Re DS · filed 2011-01-25(1)
If multiple predicate grounds are found by the trial court, we will affirm based on any one ground because only one is necessary for termination of parental rights.Read the full opinion on CourtListener →
Section 161.001 requires both a statutory ground for termination and a finding that termination is in the child’s best interest; the endangerment grounds do not replace the best interest requirement.
in the Interest of G.G.C. and Z.G., Minor Children · filed 2011-04-28(1)(D), (1)(E), (2)
If the legislature had intended for section 161.001(1)(D) or (E)—the endangerment grounds for termination—to be interchangeable with the best interest requirement, it would have worded the statute differently.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes an enumerated ground and shows that termination is in the child’s best interest.
Gonzales v. State of Texas · filed 2011-07-21
The trial court may order termination of the parent-child relationship if it finds by clear and convincing evidence that the parent has committed one of the acts listed in Section 161.001(1)(A)-(T) of the Texas Family Code and that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires proof of at least one ground under subsection (1) and that termination is in the child’s best interest.
in the Interest of K.L.J., K.N.J. and B.H.B., Children · filed 2011-07-27
While the evidence must establish a violation of subsection (1) and that termination is in the best interest of the child, only one finding alleged under subsection (1) is necessary to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of a listed ground for termination and that termination is in the children’s best interest.
in the Interest of R. L. T. and C. R. T., Children · filed 2011-05-05
We hold that the factfinder could reasonably have found by clear and convincing evidence the stated grounds for termination in the final judgment, including the finding that termination is in the best interest of the children.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence to terminate parental rights.
in the Interest of K.E.L., a Child · filed 2011-06-02
With respect to the legal and factual sufficiency challenges, termination of parental rights must be supported by clear and convincing evidence. TEX. FAM. CODE ANN. § 161.001 (Vernon Supp. 2010).Read the full opinion on CourtListener →
Section 161.001 requires one predicate ground and a best-interest finding; an unchallenged subsection (1)(D) finding can satisfy the predicate-ground requirement.
in the Interest of D.L.S., L.J.S., and C.S.S., Children · filed 2011-06-22(1)(D)
The Department is correct, and the jury’s unchallenged findings under subsection 161.001(1)(D) support the termination order.Read the full opinion on CourtListener →
Continued alcohol abuse and domestic violence can support endangerment findings under section 161.001(1)(D) and (E), and the same conduct may support a best interest finding under subsection (2).
in the Interest of K.C.R.T. and K.C.-J.T., Minor Children · filed 2011-08-04(1)(D), (1)(E), (2)
We hold that the evidence is legally and factually sufficient to support the trial court’s family code section 161.001(1)(D) and (E) findings. ... Accordingly, the evidence is legally and factually sufficient to support the trial court’s family code section 161.001(2) best interest finding.Read the full opinion on CourtListener →
Section 161.001 requires only one proven predicate ground and a finding that termination is in the child’s best interest.
In the Interest of E.N.C., J.A.C., S.A.L., N.A.G., and C.G.L., Children · filed 2011-08-16(1)
Only one predicate finding under Section 161.001(1) of the Texas Family Code is necessary to support a judgment of termination when there is also a finding that termination is in the child’s best interest.Read the full opinion on CourtListener →
One predicate ground under Section 161.001(1), together with a finding that termination is in the child’s best interest, is sufficient to support termination.
Southern Development of Mississippi, Inc. v. Zoning Board of Adjustment of the City of Marshall, Texas and the City of M · filed 2011-08-16(1)
Only one predicate finding under Section 161.001(1) of the Texas Family Code is necessary to support a judgment of termination when there is also a finding that termination is in the child‘s best interest.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of a statutory ground for termination and that termination is in the child’s best interest.
in the Interest of J.D.W., a Child · filed 2011-08-18(1)(D), (1)(E), (1)(O), (2)
To terminate parental rights, it must be shown by clear and convincing evidence that the parent has committed one of the acts listed in Section 161.001(1)(A)-(T) and that termination is in the best interest of the child.Read the full opinion on CourtListener →
A finding under Section 161.001(1)(Q) can support termination if termination is also in the child’s best interest.
in the Interest of T.B., a Child · filed 2011-08-31(1)(Q)
However, the trial court’s finding under Section 161.001(1)(Q) is sufficient to support termination as long as termination was shown to be in T.B.’s best interest.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of grounds for termination and the child’s best interest.
In the Interest of R.M.T., a Child · filed 2011-10-05
Other procedures designed to reduce the risk of an erroneous deprivation include the requirement that grounds for termination, including the best interest of the child, must be proved by clear and convincing evidence. Tex. Fam.Code Ann. § 161.001.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence to terminate parental rights.
in the Interest of J.T.V.H., Minor Child · filed 2011-10-13
Termination decisions must be supported by clear and convincing evidence. Tex. Fam. Code Ann. §§ 161.001, 161.206(a) (West 2008).Read the full opinion on CourtListener →
Section 161.001 permits termination when the evidence supports at least one statutory ground and a finding that termination is in the children's best interest.
in the Interest of D.M. and T.S., Children · filed 2011-10-20
We also agree with C.N.A.'s counsel's conclusion that factually sufficient evidence supports at least one ground on which termination was predicated, and supports the trial court's finding concerning the best interest of the children.Read the full opinion on CourtListener →
One predicate finding under section 161.001(1), together with a best-interest finding, supports termination.
in the Interest of I. H. R., a Child · filed 2012-03-09(1)(E)
Because only one predicate finding under Section 161.001(1) of the Texas Family Code is necessary to support a judgment of termination, and since Amanda does not challenge the best-interest finding, we overrule her points of error complaining of insufficient evidence.Read the full opinion on CourtListener →
Law changed since Same change as noted above.
A finding under subsection (1)(Q) satisfies the statutory-ground requirement for termination, making review of other grounds unnecessary.
in the Interest of J.N.H., a Child · filed 2011-11-17(1)(Q)
Thus, we hold that the jury’s finding under section 161.001(1)(Q) is dispositive of the first element required for termination, and we need not decide whether the jury’s termination decision was also appropriate under subsections (D), (E), and (H).Read the full opinion on CourtListener →
One predicate finding under section 161.001(1), together with a best-interest finding, supports termination of parental rights.
in the Interest of D.C.C, Children · filed 2011-12-07(1)
Only one predicate finding under section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child’s best interest.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children. H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
When a parent does not challenge a termination finding under subsection (O), an appellate court need not review challenges to findings under subsections (D) and (E).
in the Interest of D.R. and L.A.R., Children · filed 2012-03-01(O)
In her brief, appellant challenges the trial court’s endangerment findings under subsections (D) and (E) of section 161.001 of the family code; however, she does not challenge the trial court’s other reason for termination: its finding under subsection (O) that appellant failed to comply with her court-ordered service plan. See Tex. Fam. Code Ann. § 161.001(D), (E), (O) (West Supp. 2011). Thus, we need not review her legal and factual sufficiency challenge to the grounds for termination.Read the full opinion on CourtListener →
Section 161.001 requires proof of one statutory ground and proof that termination serves the child’s best interest.
in the Interest of A.S.D., a Child · filed 2011-11-17(1)(D), (1)(E), (2)
In proceedings to terminate the parent-child relationship brought under section 161.001 of the family code, the petitioner must establish one ground listed under subsection (1) of the statute and must also prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001(1) permits a termination judgment to stand when the evidence supports a best interest finding and any one statutory ground for termination.
in the Interest of J.C.P. and M.E.S., Children · filed 2012-05-03(1)
However, as the State also points out, a termination judgment must be upheld if the evidence supports a best interest finding and a finding on any ground for termination alleged under section 161.001(1) of the family code. ... Accordingly, because the termination judgment must be upheld on these unchallenged grounds for termination found by the trial court, the trial court’s erroneous finding that Father had not admitted paternity is not reversible.Read the full opinion on CourtListener →
One predicate ground under subsection (1), together with a finding that termination is in the child's best interest, is sufficient to support termination.
in the Interest of K.B., T.B., T.B., Jr., and D.B., II, Children · filed 2012-05-16(1)
Only one predicate finding under section 161.001(1) is necessary to support an order of termination when there is also a finding that termination is in a child's best interest.Read the full opinion on CourtListener →
Section 161.001(1) requires proof of only one statutory ground, along with a best-interest finding, to support termination of parental rights.
in the Interest of D.R.T., Jr., L.B.T., and N.C.P., II · filed 2012-05-24(1)
Because only one ground under section 161.001(1) is sufficient to support a judgment of termination, and Mother did not challenge the other two section 161.001(1) grounds in her motion for new trial, we overrule her second and third issues.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground, together with a best-interest finding, to support termination.
in the Interest of J.M.R., J.E.R., and E.M.R., Children · filed 2012-06-14(1)
"Only one predicate finding under section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child's best interest."Read the full opinion on CourtListener →
Section 161.001 permits termination when the court finds one statutory ground and finds that termination is in the child's best interest.
in the Interest of D.C.J., a Child · filed 2012-07-05(1)
Along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 requires proof of a statutory ground for termination and proof that termination is in the child’s best interest.
in the Interest of G.P., a Child · filed 2012-07-05(1)(D)–(E), (2)
In proceedings to terminate the parent-child relationship brought under section 161.001 of the family code, the petitioner must establish one ground listed under subsection (1) of the statute and must also prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence shows a statutory ground and that termination is in the child’s best interest.
In the Interest of C.J. · filed 2012-08-02
A trial court may terminate the parent-child relationship if the fact-finder finds by clear and convincing evidence that (1) a parent committed one or more of the enumerated statutory acts or omissions, and (2) termination is in the best interest of the child.Read the full opinion on CourtListener →
A best interest finding and one ground under section 161.001(1) are sufficient to support a termination judgment.
in the Interest of R.L.G., Jr., a Child · filed 2012-09-20(1)
Along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
Law changed since H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
Section 161.001(1)(O) requires proof that the child was removed for abuse or neglect, while subsection (1)(P) requires proof that the parent's controlled substance use endangered the child.
in the Interest of J.E.H. · filed 2012-10-03(1)(O), (1)(P)
We note that to terminate Clifton B.’s parental rights on “O” grounds, the State had the burden of proving that J.E.H. had been removed from Clifton B.’s care for abuse or neglect. ... And, because there is no evidence to support such a finding, the evidence is legally insufficient to support termination on “O” grounds. ... With respect to termination on “P” grounds, the Department had the burden of proving that Clifton B. used a controlled substance in a manner that endangered J.E.H. ... Therefore, the evidence is legally insufficient to support termination on “P” grounds.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground, together with a best-interest finding, to support termination.
in the Interest of J.LS. and J.M · filed 2012-10-31(1)
Only one predicate finding under section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child’s best interest.Read the full opinion on CourtListener →
Section 161.001(1) requires only one supported ground for termination when termination is also in the child’s best interest.
in the Interest of S.M.G. and H.D.W., Children · filed 2012-12-18(1)
Only one predicate finding under section 161.001(1) is necessary to support an order of termination when there is also a finding that termination is in a child's best interest.Read the full opinion on CourtListener →
Section 161.001 permits termination of parental rights upon clear and convincing evidence of a listed statutory ground and that termination is in the child’s best interest.
in the Interest of A. G. G., A. D. G., I. v. and v. v. Minor Children · filed 2013-01-03
A trial court may order termination of parental rights upon finding by clear and convincing evidence that the parent has committed statutory violations enumerated in section 161.001(1)(A)–(T) of the family code, see TEX. FAM. CODE ANN. § 161.001(1) (West Supp. 2011); and that termination is in the best interest of the child, see id. § 161.001(2).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
An unchallenged finding under subsection (1)(O), together with a supported best-interest finding, is sufficient to sustain termination.
in the Interest of B. C., T. P., C. P. and T. P., Children · filed 2013-01-09(1)(O)
Here, the parents failed to challenge the trial court’s findings under Section 161.001(1)(O). Therefore, we must accept and affirm the trial court’s factual findings under subsection (1)(O) ... Based upon that established finding, we must affirm the trial court’s order of termination if termination is in the children’s best interests.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children.
Section 161.001(1) requires only one supported statutory ground for termination, so an appellate court need not review challenges to additional grounds.
S. M. M. and K. A. M. v. Texas Department of Family and Protective Services · filed 2013-02-26(1)
Only one statutory ground is necessary to support a judgment in a parental-rights-termination case.Read the full opinion on CourtListener →
Once termination is found to be in the child’s best interest, section 161.001(1) requires proof of only one listed termination ground.
in the Interest of C.A.P. · filed 2013-02-27(1)
Once the best interest finding under section 161.001(2) is satisfied, the party seeking termination need prove only one of the termination grounds listed in section 161.001(1).Read the full opinion on CourtListener →
Section 161.001(1) requires only one statutory ground, together with a best interest finding, to support termination of parental rights.
in the Interest of E.A., Jr., a Child · filed 2013-03-28(1)
Along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 requires proof of at least one statutory ground and that termination is in the child’s best interest.
in the Interest of C.D.S.-C. and B.L.S.-C., Children · filed 2013-05-02
In proceedings to terminate the parent-child relationship brought under section 161.001 of the family code, the petitioner must establish one ground listed under subsection (1) of the statute and must also prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires proof of a statutory ground and a finding that termination is in the child’s best interest.
J. C. v. Texas Department of Family and Protective Services · filed 2013-04-03(1), (2)
In order to terminate J.C.’s parental rights, the Department had to prove one of the predicate grounds plus that termination was in the best interest of the children.Read the full opinion on CourtListener →
One unchallenged predicate finding under section 161.001(1) supports termination when the court also finds that termination is in the child’s best interest.
in the Interest of C. R. T. H., a Child · filed 2013-05-02(1)
In this case, because the trial court found that termination was in the best interest of the child, any of the three unchallenged predicate findings will support the order of termination.Read the full opinion on CourtListener →
Section 161.001 permits termination when a parent knowingly exposes a child to endangering conduct or conditions and termination is in the child’s best interest.
in the Interest of J.J., a Child · filed 2013-08-29(1)(D), (1)(E), (2)
Having reviewed the record in the light most favorable to the trial court‘s findings, we conclude that a rational trier of fact could have reasonably formed a firm belief or conviction that (1) Joseph engaged in conduct, or knowingly placed J.J. with a person who engaged in conduct, which endangered J.J.‘s physical or emotional well-being and/or knowingly placed or allowed J.J. to remain in conditions which endangered his physical or emotional well-being and (2) termination of Joseph‘s parental rights was in J.J.‘s best interest.Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground for termination, so an unchallenged ground can support a termination judgment without review of other grounds.
in the Interest of S.L., a Child · filed 2013-09-05(1)
If multiple predicate violations under section 161.001(1) were found in the trial court, we will affirm based on any one ground because only one predicate violation under section 161.001(1) is necessary to a termination judgment.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing proof of both a statutory ground for termination and the child’s best interest; proof of either element alone is insufficient.
in the Interest of S.W., C.H., P.W., A.I., and J.W., Children · filed 2013-09-19(1), (2)
The factfinder must find that both elements are established by clear and convincing evidence, and proof of one element does not relieve the petitioner of the burden of proving the other.Read the full opinion on CourtListener →
Law changed since H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
Subsections (1)(E) and (O) provide grounds for termination based on endangering conduct and failure to comply with a court order specifying steps for a child’s return.
in the Interest of O.R.F., a Child · filed 2013-10-17(1)(E), (1)(O)
We find the evidence both legally and factually sufficient to support termination of Manns’ parental rights under Section 161.001(1)(E) and (O).Read the full opinion on CourtListener →
An unchallenged finding under subsection (1)(F) supplies a ground for termination when termination is also in the child’s best interest.
in the Interest of N.L.D., a Child · filed 2013-10-23(1)(F)
With one ground for termination being unchallenged (TEX. FAM. CODE ANN. § 161.001(1)(F)), we must affirm the termination if it is in the best interest of N.L.D.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of a listed parental act and that termination is in the child’s best interest.
in the Interest of A.K.L. and K.C.L., Children · filed 2013-10-31
To terminate parental rights, it must be shown by clear and convincing evidence that the parent has committed one of the acts listed in Section 161.001(1)(A)–(T) and that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires proof of a statutory ground for termination and that termination is in the child’s best interest.
in the Interest of D.A.M. a Child · filed 2013-12-11(1), (2)
To terminate parental rights pursuant to section 161.001 of the Family Code, the Department has the burden to prove: (1) one of the predicate grounds in subsection 161.001(1); and (2) that termination is in the best interest of the child. ... Having reviewed the record as a whole, we conclude the evidence is legally and factually sufficient to support the trial court’s findings with regard to the termination of the mother’s parental rights.Read the full opinion on CourtListener →
Section 161.001 requires proof of a statutory ground for termination and proof that termination is in the child’s best interest.
in the Interest of K.D.C. and B.J.D.C., Children · filed 2013-10-24(1)(D), (1)(E), (2)
In proceedings to terminate the parent-child relationship brought under section 161.001 of the family code, the petitioner must establish one ground listed under subsection (1) of the statute and must also prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children.
Section 161.001(1) requires proof of only one listed act, so the court need not review challenges to other grounds once one is supported.
in the Interest of J.M.S., a Child · filed 2013-11-27(1)
Because a finding that a parent committed one of the acts listed in Section 161.001(1)(A)–(T) is all that is required under that statute, we need not address the mother’s challenges to the sufficiency of the evidence with respect to the trial court’s findings under Section 161.001(1)(D) and (O).Read the full opinion on CourtListener →
Section 161.001(1) requires only one predicate ground, together with a best interest finding, to support termination of parental rights.
in the Interest of K.D.L.M. · filed 2013-11-27(1)
However, even assuming that he has sufficiently raised these unnumbered issues for our review, he does not challenge the constructive abandonment ground under section 161.001(1), and along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of at least one statutory ground for termination and that termination is in the child’s best interest.
in the Interest of A.G., a Child · filed 2013-12-11(1), (2)
A trial court “may order termination of the parent-child relationship if the court finds by ... clear and convincing evidence” at least one of the statutory grounds and that termination is in the child’s best interest. TEX. FAM. CODE ANN. § 161.001(1), (2) (West Supp. 2013). ... The lack of a best interest finding, the lack of any identifying information, and the trial court’s use of vague abbreviations for the grounds of termination place this court in the position of reviewing the evidence in support of findings about which we must speculate because the findings are either vague or totally absent. Because we cannot conduct a proper review of the evidence based on this order, we reverse that portion of the order terminating appellant’s parental rights and remand for further proceedings in the interest of justice.Read the full opinion on CourtListener →
Law changed since H.B. 116 repealed former subsection (b)(1)(O) effective September 1, 2025; its service-plan ground and related subsection (d) defense apply only under the Act’s transition rule to older suits no longer pending in a trial court on that date.
Section 161.001(1)(E), (N), and (O) includes endangering conduct, constructive abandonment, and failure to comply with a court order for the children’s return as grounds for termination.
in the Interest of K.R. and K.B. · filed 2014-02-13(1)(E), (N), (O)
From the evidence that supports the findings, the trial court could reasonably have formed a firm conviction or belief that L.R. engaged in conduct that endangered the physical health and emotional well-being of K.R. and K.B., that L.R. failed to comply with the provisions of a court order that specifically established the actions necessary for L.R. to obtain the return of the children, and that L.R. constructively abandoned the children. See J.L., 163 S.W.3d at 84; see also Tex. Fam. Code Ann. § 161.001 (1) (E), (N) and (O).Read the full opinion on CourtListener →
Law changed since Same change as noted above.
Section 161.001 requires clear and convincing evidence of a statutory ground for termination; insufficient evidence of endangerment or removal for neglect cannot support termination under subsections (1)(E) or (1)(O).
C. L. J. and T. P. v. Texas Department of Family and Protective Services · filed 2014-03-20(1)(E), (1)(O)
This record lacks evidence that appellants abused C. Further, the evidence is legally insufficient to show that they endangered C. or that C. was properly removed as a result of parental neglect.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing proof of an enumerated ground for termination and that termination is in the child’s best interest; best interest alone is insufficient.
in the Interest of A.B. and H.B., Children · filed 2014-05-16(1), (2)
Specifically, in proceedings to terminate the parent-child relationship under section 161.001 of the Family Code, the petitioner is required to establish one or more of the acts or omissions enumerated under subdivision (1) of the statute, and must also prove that termination is in the best interest of the child. TEX. FAM. CODE § 161.001(1), (2). Proof under each subsection must be satisfied by clear and convincing evidence; termination may not be based solely on the best interest of the child as determined by the trier of fact.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of at least one listed ground for termination and that termination is in the child’s best interest.
in the Interest of J.D., a Child · filed 2014-06-10
In a proceeding to terminate the parent-child relationship brought under section 161.001 of the Texas Family Code, the Department must establish, by clear and convincing evidence, one or more acts or omissions enumerated under subsection (1) of section 161.001 and that termination is in the best interest of the child under subsection (2).Read the full opinion on CourtListener →
Section 161.001 requires a statutory ground for termination and a finding that termination is in the child’s best interest.
in the Interest Of: D.W. · filed 2014-11-07
A trial court may terminate the parent-child relationship if the fact finder determines (1) a parent committed one or more of the enumerated statutory acts in section 161.001(1) of the family code, and (2) termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires a best interest finding and only one statutory ground to support termination of parental rights.
in the Interest of A.P. and B.P., Children · filed 2014-08-28(1)
Along with a best interest finding, a finding of only one ground alleged under section 161.001(1) is sufficient to support a judgment of termination.Read the full opinion on CourtListener →
The evidence supported the endangerment and best-interest findings required for termination.
in Re A.M.B., S.M.B., A.M.B., F.M.B. A/K/A F.B., S.M.B. A/K/A S.M., and M.M.B. · filed 2014-09-26(1)(D), (1)(E)
Based on the evidence adduced at the termination hearing, the trial court reasonably could have formed a firm conviction that the parents’ conduct had endangered their children and termination of the parents’ rights was in the children’s best interest. We therefore affirm the judgment of the trial court.Read the full opinion on CourtListener →
Section 161.001 requires proof of a listed parental act or omission and the child’s best interest; it does not require proof of a material and substantial change since an earlier conservatorship order.
In the INTEREST OF A.M., a Child · filed 2014-11-17
In a termination proceeding, the issues are whether the parent engaged in one of the acts or omissions in section 161.001(1) and whether termination is in the best interest of the child. ... We agree with the Tyler court’s reasoning and likewise conclude that section 156.101(a)(1)’s requirement of a material and substantial change for modification of an order establishing conservatorship or possession and access does not apply to a suit for termination of parental rights.Read the full opinion on CourtListener →
Section 161.001 requires clear and convincing evidence of both a listed ground for termination and that termination is in the child’s best interest.
in the Interest of P.M., the Child · filed 2014-11-20
For a trial court to terminate a parent-child relationship, DFPS must establish by clear and convincing evidence that the parent’s actions satisfy one ground listed in family code section 161.001(1) and that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 requires a recognized ground for termination and a finding that termination is in the child’s best interest.
in the Interest Of: M.N.M., a Child · filed 2014-12-01
Family code section 161.001 provides two prerequisites for termination of parental rights. See TEX. FAM. CODE ANN. § 161.001. First, the proponent must establish one or more of the ... recognized grounds for termination. Id. § 161.001(1). Second, termination must be in the child’s best interest. Id. § 161.001(2).Read the full opinion on CourtListener →
Section 161.001 requires proof of at least one statutory ground for termination and that termination is in the child's best interest.
C. B. v. Texas Department of Family and Protective Services · filed 2014-12-10
Under this provision, the petitioner must (1) establish one or more of the statutory acts or omissions enumerated as grounds for termination, and (2) prove that termination is in the best interest of the child.Read the full opinion on CourtListener →
Section 161.001 permits termination when clear and convincing evidence establishes endangerment under subsection (1)(D) or (E) and shows that termination is in the child’s best interest under subsection (2).
In the INTEREST OF D.M., a Child · filed 2014-11-24(1)(D), (1)(E), (2)
The evidence, as detailed above, is sufficient for the court to have found Emma engaged in acts or omissions pursuant to subsections 161.001(1)(D) and (E). ... We conclude the evidence is legally and factually sufficient to support the trial court’s finding that termination was in the best interest of the child.Read the full opinion on CourtListener →
Law changed since After In re N.G. (May 17, 2019), an appellate court must review a parent’s challenged findings under subsections (b)(1)(D) or (E), despite another sufficient ground, because of their effect on rights to other children.
An appellate court need not review challenges to some section 161.001(1) termination grounds when other grounds supporting termination remain unchallenged.
in the Interest of L.M.S. AKA L.S. · filed 2014-12-04(1)
Mother’s appellant’s brief argues that she is “appealing the termination of her parental rights under sections 161.001(1)(D),(E)” and her argument is limited to challenging the sufficiency of the evidence to support termination only under these two grounds. The Department argues that we “need not review [mother’s] challenges to subsections (D) and (E), as her brief failed to challenge three other statutory grounds for termination included in the trial court’s final decree.” We agree with the Department.Read the full opinion on CourtListener →
Section 161.001 permits termination of parental rights when clear and convincing evidence supports a statutory ground and shows that termination is in the child’s best interest.
in the Interest of R.T.M. and I.M., Children · filed 2014-12-04
Under the facts presented, we determine that there was clear and convincing evidence presented to support the trial court’s finding that Raechel and Raymond both committed acts set out in the Texas Family Code as being grounds for the termination of the parent-child relationship and that termination of their parent-child relationship with the children the subject of this suit was in the best interests of the children. See TEX. FAM. CODE ANN. § 161.001.Read the full opinion on CourtListener →
Notes 2251–2400 of 3,826, oldest cases first.
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