I have a termination of parental rights trial next week. The Judge has found aggravated circumstances under 262.2015 of the family code. Therefore we did not offer a service plan or try to work the children back into the home. The defense attroney has filed a motion in limine to keep the finding as well as any mention of service plans out of evidence. She claims it is an impermissable comment on the evidence. ANy ideas on how to respond? I found no annotations on point.

These cases might be worth looking at. They addressed a similar claim where the issue was whether TEX. R. EVID. 605 prohibited admission of prior findings:

In re M.S., 115 S.W.3d 534, 538 (Tex. 2003) ("A judge's findings of fact are not technically the same as testimony." Admission of prior orders is alright, but admission of trial court�s findings that orders had been violated was error since that was an issue for the jury to decide).

In re S.G.S., 130 S.W.3d 223, 242-43 (Tex.App. -- Beaumont 2004, no pet.) (admission of findings from earlier hearing -- which included findings related to best interest and endangerment issues -- was harmless).