The case involved R.H. and D.H., parents of four children aged 2 to 4 who were removed from their home after a November 2023 incident in which an intoxicated R.H. threw wine bottles at her teenage son, cutting his neck. The Department of Family and Protective Services had been involved with the family seven times between 2020 and 2023 for allegations including neglectful supervision, domestic violence, physical abuse, and substance abuse. When the three youngest children—James, Alex, and Joseph—were removed, hair samples tested positive for cocaine.
The appeals court rejected the parents' jurisdictional challenge, finding that trial court properly commenced proceedings before statutory deadlines expired. As the court explained, trial on the merits commenced on May 5, 2025, and August 11, 2025, when 'the court took announcements, witnesses were sworn, and witnesses testified.' The court distinguished this from 'a putative call of the case and an immediate recess' that would violate statutory requirements.
The panel delivered particularly harsh language about the parents' ongoing substance abuse despite court orders. 'A reasonable factfinder could conclude that both parents either directly exposed the children to cocaine or permitted their young children to be in an environment in which they were exposed to cocaine leading to their eventual positive drug tests,' the court wrote. The opinion noted that R.H. was hospitalized during her pregnancy with a blood alcohol content of 0.34, despite court orders prohibiting alcohol use.
The case became more complex when R.H. gave birth to a fourth child, Zoe, in August 2024. Two days after removal from the hospital, Zoe suffered a spiral fracture to her arm while in R.H.'s unauthorized custody, leading to additional criminal charges. Department caseworker T.J. Williams testified that when the foster mother received Zoe around 10 p.m., 'the foster mother called and told him that Zoe's arm was not moving correctly and that she was very fussy and upset.'
Both parents challenged the Department's efforts at reunification, but the court found the evidence legally and factually sufficient. Williams testified he invited parents to autism therapy sessions for one child, facilitated virtual visits during R.H.'s pregnancy, and offered various accommodations. The court noted that Williams 'offered to bring Father cleaning supplies to help him make his residence ready' and visited R.H. in jail with updates about the children.
The appeals court emphasized the 'continuing danger' that prevented the children's return despite reunification efforts. D.H. tested positive for cocaine four times during the proceedings, including while on deferred adjudication community supervision, and filed a pauper's oath showing '$0 in income and $0 in resources.' R.H. remained incarcerated at trial on charges related to Zoe's injury. The court found both parents failed to maintain stable housing, with R.H.'s residence showing 'a hole in the living room floor that permitted entry of pests' and D.H.'s home having a microwave 'duct-taped to the wall, creating a hazard because it could fall on a child.'
Foster mother M.H. testified about the extensive therapeutic needs of the children, including Alex's autism diagnosis requiring 10 hours weekly of Applied Behavioral Analysis therapy and Joseph's suspected autism spectrum disorder with sleep issues requiring a protective helmet due to head-banging behaviors. CASA volunteer Mark Knox testified that both children 'become emotional after visits with Father, crying, screaming, and having difficulty falling asleep' and that neither parent demonstrated 'the skills and knowledge to pursue autism therapies.'