Court of Appeals of Texas, Seventh District, Amarillo
IN THE INTEREST OF A.K. AND A.K., CHILDREN IN THE INTEREST OF J.C., A CHILD
Appeal from the 223rd District Court Gray County, Texas,
Trial Court No. 38, 305 and 37, 927 Honorable Jack Graham,
QUINN, C.J., and CAMPBELL and PARKER, JJ.
C. PARKER JUSTICE.
a bench trial, 
the trial court signed a judgment terminating the
parent-child relationship between D.C. and her children,
A.K., A.K., and J.C. In her sole issue, D.C. challenges the legal and
factual sufficiency of the evidence supporting the trial
court's finding that termination of her parental rights
is in the children's best interest. We affirm.
the mother of A.K., A.K., and J.C. L.M. is J.C.'s father,
and U.K. is the father of A.K. and A.K. The trial court also
terminated the parental rights of both fathers. They did not
November of 2015, the Department of Protective and Regulatory
Services received a report that D.C. was arrested for
possession of methamphetamine. Her twelve-year-old son, J.C.,
was in the car with her when she was arrested. D.C. admitted
to the Department's investigator, Daniel McArthur, that
the drugs and pipe found in the car belonged to her, and that
she had used methamphetamine before driving with J.C. D.C.
acknowledged she smoked methamphetamine in the home with the
children present. Sometimes, D.C. and her boyfriend, H.A.,
smoked methamphetamine together while the children were
playing outside. There was also concerns about the condition
of the home and domestic violence between D.C. and H.A.
Department was granted temporary managing conservatorship of
the children and assigned Michael Haskins as the caseworker.
Haskins provided a service plan to D.C. to assist her in
regaining custody of the children. The service plan required
D.C. to complete the following services: take parenting
classes; participate in a substance abuse assessment with
Amarillo Council for Alcohol and Drug Abuse (ACADA) and
comply with recommendations; maintain contact with the
caseworker; participate in Women Against Violence (WAV); take
anger control training; complete rational behavior training
(RBT); attend Narcotics/Alcoholics Anonymous meetings weekly;
submit to random drug testing; maintain legal employment;
complete an Outreach Screening Assessment and Referral
(OSAR); attend weekly supervised visitation; secure reliable
transportation; participate in a psychological evaluation;
maintain safe, stable housing; attend individual counseling
at least twice monthly; and maintain a drug-free
completed parenting classes, obtained a psychological
evaluation, and attended RBT and anger control training. She
reported attending Alcoholics Anonymous, but never provided
documentation of her attendance.
D.C. was to attend individual counseling with Tim Enevoldsen
to address anger issues. After attending two sessions, she
was discharged for non-attendance. D.C. completed four
sessions of individual counseling with Tina Souder. D.C.
admitted to Souder that she was still using methamphetamine.
reported being self-employed, cleaning homes and landscaping.
On one occasion, she showed Haskins a check she received for
cleaning homes, but that was the only time she showed him
verification of being compensated for work.
missed multiple appointments for her OSAR assessment. Her
ACADA assessment recommended that she attend inpatient
substance abuse treatment. A bed was available for her at a
treatment facility, but due to an imminent foreclosure on the
home in which she was living, D.C. did not go on the day
scheduled for her admission. The facility offered her
admission a few days later, but D.C. declined. The third time
the facility offered her admission, she accepted, but then
she did not show up for admittance.
lived in two homes during the case, but she lost both-the
first due to a foreclosure, and the second following her
arrest in November of 2016. H.A. moved with her to the second
home, but it was not a safe place for the children. That home
had broken windows, no gas, and no running water.
23, 2016, the Department changed the plan from reunification
to termination based on D.C.'s continued drug use and the
lack of progress on her court-ordered services. Her
visitation with the children was suspended due to her
arriving late to the visitations and her continued drug use.
16, 2016, D.C. pled guilty to the possession charge and
received two years of deferred adjudication probation. In
November 2016, D.C. was arrested again after a motion to
revoke her probation was filed. The probation revocation was
based, in part, on her commission of a new offense-an assault
against H.A. On January 12, 2017, D.C. was adjudicated guilty
of the underlying drug possession felony and sentenced to
serve 180 days in a state jail facility.
trial before the associate judge on May 25, 2017, D.C.
testified that she planned to enter an inpatient treatment
when she is released from the state jail facility in June of
2017. D.C. needs at least six months following her release
before she would be able to meet her children's needs.
D.C. admitted that she cannot currently meet her
de novo hearing, D.C. testified that H.A. took her
to El Paso when she was released from jail on June 28, 2017.
D.C. is living in an apartment in El Paso provided by