In the Interest of A.V.

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 for which the parent is incarcerated and unable to care for the child “for not less than two years from the date of filing the petition.”1 We must decide whether the two years applies to the period before the filing or after, and whether the subsection is unconstitutional if applied to a parent who was incarcerated before the subsection’s effective date. We hold that subsection Q’s time period is prospective and that the subsection is…