Unreported / Non-Citable
Background
A mother appealed a Jefferson County district court order terminating her parental rights to her minor child, identified by the pseudonym “Alice.” The trial court found by clear and convincing evidence that statutory grounds for termination existed under Texas Family Code sections 161.001(b)(1)(D), (E), (N), and (Q), and that termination was in the child’s best interest.
The mother’s appointed appellate attorney filed an Anders brief stating that the record presented no arguable grounds for appeal. Counsel provided the mother with the brief and the appellate record and notified her of her right to submit a pro se response. The court also notified her of that right and the filing deadline, but she submitted no response. The child’s father’s rights were also terminated, but he did not participate in this appeal.
The Court’s Holding
The Texas Ninth Court of Appeals independently reviewed the appellate record and appointed counsel’s brief under the procedures applicable to Anders appeals. It found nothing in the record that could arguably support an appeal and agreed with counsel that the appeal was frivolous and lacked merit.
Because the court found no arguable appellate issue, it declined to appoint new counsel for additional briefing and affirmed the order terminating the mother’s parental rights. The court added that if the mother seeks review in the Supreme Court of Texas, appointed counsel may satisfy his continuing obligation by filing a petition for review that meets the standards for an Anders brief.
Key Takeaways
- Anders procedures apply to appeals from parental-rights termination orders in Texas.
- The appellate court independently reviewed the entire record and found no nonfrivolous issue supporting reversal.
- The court affirmed the termination order without appointing replacement counsel for further briefing.
Why It Matters
The opinion illustrates the process Texas appellate courts follow when appointed counsel concludes that a parental-termination appeal presents no arguable grounds. Counsel’s assessment does not end the inquiry: the appellate court must independently examine the record before declaring the appeal frivolous and affirming the judgment.
It also confirms that appointed counsel’s duties may continue through a potential petition for review in the Supreme Court of Texas, even after the intermediate appellate court accepts an Anders brief and affirms termination.