Unreported / Non-Citable
Background
J.J. was removed from Mother’s care after testing positive for amphetamine and methamphetamine. The trial court terminated Mother’s parent–child relationship with J.J. under Texas Family Code Section 161.001(b)(1)(D), (E), and (N), found that termination was in the child’s best interest, and appointed the Texas Department of Family and Protective Services as J.J.’s permanent managing conservator.
Mother appealed. Her appointed appellate counsel filed an Anders brief and a motion to withdraw, stating that a thorough review of the record revealed no legally nonfrivolous appellate grounds. Counsel supplied Mother with the required documents and instructions and advised her of her rights to respond and to seek review in the Texas Supreme Court. Neither Mother nor the Department filed a response.
The Court’s Holding
The Second Court of Appeals affirmed the termination judgment. Conducting the independent examination required when appointed counsel files an Anders brief, the court reviewed the record and agreed with counsel that no arguable grounds for appeal existed.
The court also stated that Mother’s appointed counsel remains appointed through any proceedings in the Texas Supreme Court unless relieved of those duties. The opinion did not grant counsel’s motion to withdraw.
Key Takeaways
- Anders procedures apply in Texas appeals from judgments terminating parental rights.
- An appellate court must independently examine the record for arguable appellate grounds even when no party files a response to the Anders brief.
- Appointed counsel remains responsible for representation through Texas Supreme Court proceedings unless relieved of that obligation.
Why It Matters
The decision reinforces the procedural safeguards governing Anders briefs in parental-termination appeals. Counsel’s conclusion that an appeal is frivolous does not itself end the inquiry; the appellate court must independently review the case before affirming.
It also underscores that filing a motion to withdraw does not automatically terminate appointed counsel’s responsibilities. Counsel remains appointed for potential Texas Supreme Court proceedings unless formally relieved.