In the Interest of B.G.A.Y., a Child v. the State of Texas

Summary

The Texas Thirteenth Court of Appeals affirmed an order terminating S.A.’s parental rights to B.G.A.Y. S.A. challenged only the trial court’s finding that termination was in the child’s best interest. The court held that the evidence, including the child’s drug exposure at birth, the mother’s continued substance-abuse concerns and lack of participation in services, and the child’s stable foster placement, was legally and factually sufficient to support termination.

Holdings

1. The evidence was legally sufficient to rebut the presumption that remaining with S.A. was in B.G.A.Y.'s best interest and to support termination.
2. The evidence was factually sufficient to support the finding that termination was in B.G.A.Y.'s best interest.

Questions Presented

1. Whether legally and factually sufficient evidence supported the trial court's finding that termination of S.A.'s parental rights was in B.G.A.Y.'s best interest.

Disposition

affirmed