In the Interest of H.R.M.

Section 161.001(1)(Q) of the Texas Family Code provides that parental rights may be terminated if the parent has “knowingly engaged in criminal conduct that has resulted in the parent’s: (i) conviction of an offense; and (ii) confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition.” A divided court of appeals determined that the time remaining on a parent’s prison sentence was insufficient evidence from which a factfinder could reasonably form “a firm belief or conviction” that a parent would be imprisoned or confined…