Unreported / Non-Citable
Background
A Jefferson County district court terminated the mother’s parental rights to her minor child after finding by clear and convincing evidence that the mother had knowingly placed or allowed the child to remain in endangering conditions or surroundings, engaged in or exposed the child to endangering conduct, and that termination was in the child’s best interest. The trial court also terminated the father’s parental rights after he signed an affidavit of voluntary relinquishment, but he did not participate in the appeal.
The mother appealed. Her appointed attorney filed an Anders brief stating that the record presented no arguable grounds for reversal. Counsel provided the mother with the brief, advised her of her right to file a pro se response, and offered access to the appellate record. The court separately notified the mother of that right and the filing deadline, but she submitted no response.
The Court’s Holding
The Texas Ninth Court of Appeals independently reviewed the entire appellate record and appointed counsel’s Anders brief. It found nothing that could arguably support the appeal and agreed with counsel that the appeal was frivolous and lacked merit.
The court therefore affirmed the order terminating the mother’s parental rights and declined to appoint new counsel to rebrief the case. It noted that, if the mother seeks review in the Supreme Court of Texas, appointed counsel may satisfy the continuing obligation to represent her by filing a petition for review that meets Anders standards.
Key Takeaways
- An appellate court reviewing an Anders brief in a parental-rights termination case must independently examine the record for arguable grounds for appeal.
- The court found no potentially meritorious challenge to the termination order and affirmed it.
- Because the independent review revealed no arguable issue, the court did not appoint replacement counsel for additional briefing.
Why It Matters
The decision illustrates how Texas appellate courts apply Anders procedures in parental-rights termination appeals. Even when appointed counsel concludes that an appeal is frivolous and the parent files no response, the appellate court must conduct its own review before affirming.