Further, there is evidence that Foster Mother has been attentive and diligent in seeking medical care for J.A.R.; that J.A.R. is thriving under Foster Mother and Foster Father’s care; and that J.A.R. has significantly improved after being removed from Mother’s care and placed with his foster parents and his older brother. See In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *9 (Tex. App.—Houston [14th Dist.] Aug. 9, 2022, no pet.) (mem. op.); In reM.A.A., 2021 WL 1134308, at *21; In re L.M.N., No. 01-18-00413-CV, 2018 WL 5831672, at *20 (Tex. App.—Houston [1st Dist.] Nov. 8, 2018, pet. denied) (mem. op.). As a result, J.A.R. is now developmentally on track and can now speak and express his emotions.
Additionally, there was testimony that Mother and J.S.R. appeared to be "under the influence" at a visitation with the children. In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *8 (Tex. App.-Houston [14th Dist.] Aug. 9, 2022, no pet.) (mem. op.) (considering fact parent appeared to be "under the influence of a substance" during a visit with child as evidence parent engaged in a course of conduct that endangered child's physical or emotional well-being).
Therefore, Mother violated the terms of her community supervision in that case while pregnant with Janie, subjecting the child to the risk that she would be without her mother as a newborn. See In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *7 (Tex. App.-Houston [14th Dist.] Aug. 9, 2022, no pet.) (mem. op.) ("Evidence of criminal conduct, convictions, imprisonment, and their effects on a parent's life and ability to parent may establish an endangering course of conduct.")
See In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *7 (Tex. App.- Houston [14th Dist.] Aug. 9, 2022, no pet.) (mem. op.) (neonatal abstinence syndrome "refers to the collection of symptoms a child exhibits if the child was exposed to opiate drugs in utero").
Further, there is ample evidence that foster mother has been attentive and diligent in seeking medical care for L.S.; that L.S. is thriving under foster mother's care; and that L.S. has significantly improved after being removed from Mother's care and placed with foster mother. See In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *9 (Tex. App.-Houston [14th Dist.] Aug. 9, 2022, no pet.) (mem. op.);
Even when this court affirms the termination on another ground, it must consider the sufficiency of the evidence of these two predicate findings when raised on appeal due to the significant collateral consequences that may result. See In re N.G., 577 S.W.3d 230, 234-37 (Tex. 2019); In re M.T., No. 14-22-00198-CV, 2022 WL 3204819, at *6 (Tex. App.-Houston [14th Dist.] Aug. 9, 2022, no pet. h.) (mem. op.)