CourtListener 10860384•In the Interest of A.R.B., a Child v. the State of Texas
In the Interest of A.R.B., a Child v. the State of Texas
CourtListener 10860384Txctapp13May 7, 2026
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NUMBER 13-25-00635-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF A.R.B., A CHILD
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 5
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West
M.G. (Mother) appeals a judgment terminating her parental rights to her child
A.R.B. 1 By her sole issue, Mother argues that the trial court erred when it terminated her
parental rights under Texas Family Code § 161.001(B)(1)(O) because the trial court
applied the wrong version of the statute. 2 We affirm.
1 To protect the identity of minor children in an appeal from an order terminating parental rights,
parents and children are referred to by their initials. See TEX. FAM. CODE § 109.002(d).
2 J.B.’s (Father) parental rights were also terminated. J.B. is not a party to this appeal.
I. AMENDED FAMILY CODE § 161.001(B)(1)(O)
Mother’s parental rights were terminated by the trial court pursuant to Texas Family
Code § 161.001(b)(1)(D), (E), and (O). See TEX. FAM. CODE § 161.001(b)(1)(D), (E), (O).
The trial court further found that termination of her parental rights was in A.R.B.’s best
interest. See id. § 161.001(b)(2). Mother does not contest the sufficiency of the evidence
supporting the trial court’s termination findings or its best interest finding. Instead, she
only challenges the trial court’s finding on subsection (O) and contends that the trial court
improperly applied the new version of the statute. She requests this Court to “reverse and
render judgment in [her] favor on termination under § 161.001(b)(1)(O).”
In 2025, the Texas Legislature amended section 161.001 and deleted the (O)
termination grounds. See Act of May 16, 2025, 89th Leg. R.S. ch. 211, § 2, 3, 4, 2025
Tex. Sess. Law Serv. 573, 574–75. The former version of subsection (O) provided that
the trial court could terminate the parent-child relationship if it found, by clear and
convincing evidence, that the parent failed to comply with the provisions of a court ordered
family plan of service that “specifically established the actions necessary for the parent to
obtain the return of the child.” See id. The amendment repealed subsection (O) and
reordered the subsequent subsections so that subsection (O) now reads as former
subsection (P), which allows termination if the parent “used a controlled substance . . . in
a manner that endangered the health or safety of the child, and: (i) failed to complete a
court-ordered substance abuse treatment program; or (ii) after completion of a court-
ordered substance abuse treatment program, continued to abuse a controlled substance.”
See id.
2
Mother contends that because this case was initiated in 2023, the trial court
improperly applied the new subsection (O) when it found that she used a controlled
substance “in a manner that endangered the health or safety of the child, and after
completion of a court-ordered substance abuse treatment program, continued to abuse a
controlled substance under Chapter 262 for the abuse or neglect of the child.”3 See id.
However, the 2025 amendment applies to any parental termination case pending on or
after September 1, 2025. Id. (“The change in law made by this Act applies to a suit
affecting the parent-child relationship that is pending in a trial court on the effective date
of this Act or that is filed on or after the effective date of this Act.”); see In re J.C.D.Y., No.
01-25-00640-CV, 2025 WL 4099753, at *9 n.5 (Tex. App.—Houston [1st Dist.] Feb. 3,
2026, no pet.) (mem. op.) (noting that the legislature amended Family Code Section
161.001(b)(1) and repealed subsection (O), and the amendment applies to suits affecting
the parent-child relationship pending on or after September 1, 2025); In re D.M., No. 11-
25-00102-CV, 2025 WL 2980658, at *1 n.2 (Tex. App.—Eastland Oct. 23, 2025, no pet.)
(mem. op.) (same); In re W.R.I.F., No. 05-25-01458-CV, 2026 WL 992202, at *3 n.4 (Tex.
App.—Dallas Apr. 13, 2026, no pet. h.) (mem. op.) (same).
This case was initiated in 2023 and tried on October 16 and 22, 2025. Thus,
because this case was pending when the 2025 amendment took effect on September 1,
2025, the trial court was required to apply the newly amended statute. See Act of May 16,
2025, 89th Leg. R.S. ch. 211, § 2, 3, 4, 2025 Tex. Sess. Law Serv. 573, 574–75; In re
J.C.D.Y., 2025 WL 4099753, at *9 n.5; In re D.M., 2025 WL 2980658, at *1 n.2; In re
3 Notably, Mother does not request that the trial court’s judgment be modified to reflect a finding
under former subsection (P).
3
W.R.I.F., 2026 WL 992202, at *3 n.4. Because the trial court applied the correct version
of subsection (O), we overrule Mother’s sole issue.
II. CONCLUSION
The trial court’s judgment is affirmed.
JON WEST
Justice
Delivered and filed on the
7th day of May, 2026.
4
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