In In re K.C.M., 4 S.W.3d 392, 394-95 (Tex. App.--Houston 1st Dist. 1999, pet. denied), the mother, Martin, signed a plan with the TDPRS requiring her to submit to random drug testing. Martin lived with K.C.M.'s paternal grandmother, who agreed to monitor the situation. Id. at 396.
During K.C.M.'s first year, Martin tested positive for marihuana. Id. She also admitted to using crack cocaine on a daily basis. Id.
Martin was arrested for possession of crack cocaine and placed on deferred adjudication. Martin was later arrested for possession of a crack pipe. Id.
As a result, she was adjudicated guilty, and sentenced to one year's confinement. At the time of her trial, Martin had seventy-five days left to serve in jail. Id. at 396.
In In re K.C.M., the mother used drugs while pregnant and, after the child was born, used cocaine on a daily basis and financed her drug use through prostitution.
The Court held that the evidence was factually insufficient when the mother performed her service plan while in prison (participating in Alcoholics Anonymous, a parenting program, GED courses, and other self-improvement activities), had been drug-free and sober for the ten months prior to the termination trial, and the child's attorney ad litem fervently argued that jail had turned the mother's life around. 4 S.W.3d at 396-99.