Reported / Citable
Background
After a bench trial, the district court terminated M.Y.J.’s parental rights to her four children. The court found that termination was in the children’s best interest and that the Texas Department of Family and Protective Services proved statutory grounds under Texas Family Code § 161.001(b)(1)(N) and (O), which the opinion described as constructive abandonment and using controlled substances in an endangering manner. The court also appointed the Department as the children’s permanent managing conservator.
Mother appealed, and her appointed appellate counsel filed an Anders brief concluding that the record presented no nonfrivolous appellate issues. Counsel supplied Mother with the brief and appellate record and advised her of her right to respond and to seek review in the Texas Supreme Court. Mother filed no pro se response, and the Department did not file a merits brief. The children’s father, whose parental rights were also terminated, was not a party to the appeal.
The Court’s Holding
The Eighth Court of Appeals independently reviewed the entire record, as required when appointed counsel files an Anders brief in a parental-termination appeal. The court determined that counsel’s brief satisfied Anders because it professionally evaluated the record and explained why no arguable grounds for appeal existed.
Finding no arguable ground for reversing the termination order, the court declared Mother’s appeal frivolous. It therefore affirmed the trial court’s order terminating her parental rights.
Key Takeaways
- Anders procedures apply in Texas appeals from orders terminating parental rights.
- An appellate court must independently review the entire record even when appointed counsel concludes that the appeal presents no nonfrivolous issue.
- Because the court found no arguable ground for reversal, it declared the appeal frivolous and affirmed the termination order.
Why It Matters
The decision illustrates the procedural safeguards that remain in place when appointed counsel determines that a parental-termination appeal lacks merit. Counsel must evaluate the record and notify the parent of the right to respond, while the appellate court must conduct its own review rather than simply accept counsel’s assessment.
For practitioners, the opinion confirms that a properly supported Anders brief can resolve a termination appeal when the record contains no arguable basis for reversal, but only after the reviewing court independently examines the full record.