Unreported / Non-Citable
Background
The Texas Department of Family and Protective Services sought to terminate Mother’s parental rights to D.W. and A.W. Following a bench trial, the district court found by clear and convincing evidence that three statutory grounds supported termination and that termination was in the children’s best interests.
Mother timely appealed. Her court-appointed appellate attorney filed an Anders brief and moved to withdraw, concluding after reviewing the record that the appeal was frivolous and presented no arguable grounds. Mother received access to the appellate record and filed an amended pro se brief and a supplemental letter brief.
The Court’s Holding
The Fourth Court of Appeals independently reviewed the record, appointed counsel’s Anders brief, Mother’s amended pro se brief, and her supplemental letter brief. It agreed with counsel that the appeal lacked merit and affirmed the order terminating Mother’s parental rights.
The court denied appointed counsel’s motion to withdraw because the motion asserted no basis other than counsel’s conclusion that the appeal was frivolous. It explained that appointed counsel’s obligations continue through the exhaustion or waiver of further appeals, including filing a petition for review in the Texas Supreme Court when appropriate under Anders procedures.
Key Takeaways
- The appellate court found no arguable ground for reversing the termination order after independently reviewing the record and Mother’s pro se submissions.
- The order terminating Mother’s parental rights to D.W. and A.W. was affirmed.
- An Anders filing does not, by itself, end appointed counsel’s duties in a parental-rights termination appeal.
Why It Matters
The decision illustrates how Texas appellate courts apply Anders procedures in parental-rights termination cases while still independently reviewing the record and any pro se arguments. It also underscores that appointed counsel generally remains responsible for the case through the exhaustion or waiver of further appellate review, even after the intermediate appellate court finds the appeal frivolous.