By statute (Texas Family Code § 161), parental rights can be terminated only by court order. Generally, a court must find that the parent or guardian abused, neglected or abandoned their child, or that the parent executed a voluntary termination of parental rights form. Yet, even after a finding of abuse, neglect or abandonment, a termination of parental rights (TPR) will not necessarily happen. The court must also determine that it is, in fact, in the child’s best interests that the TPR takes place. Moreover, we are beginning to see appeals of termination cases based on extensions of trial dates granted pursuant to the Texas Supreme Court’s Emergency Orders granted during the COVID pandemic. Should the fact that a case took longer—or—was nonetheless resolved expediently during the lockdown—impact on a TPR?

In a late April, 2022 ruling issued by the Amarillo Court of Appeals, the court reviewed a TPR case, In the Interest of I.O., N.S., AND J.S., Children. The children’s mother, A.O., filed an appeal presenting two issues:

“1. The trial court erred by terminating mother’s parental rights prior to the expiration of the Court ordered ‘statutory extension for dismissal under section 263.401(b) of the Texas Family Code.’

2. Was TPR in the best interests of her children?”