Ybarra v. Texas Department of Human Services

OPINION

DORSEY, Justice.

This is an appeal from a bench trial which terminated appellant Elida Ybarra’s parental rights to her five children. The Department of Human Services (“DHS”) sued to involuntarily terminate both parent’s rights. Mrs. Elida Ybarra appeals; Mr. Cruz Ybarra, Sr. does not. We reverse and remand.

Ybarra claims error in the trial below on three bases: first, that termination of her parental rights is not in the best interest of the children and is not based on clear and convincing evidence; second, that the judgment is not supported by legally sufficient evidence of…