Unreported / Non-Citable
Background
Y.M., the mother of J.M. and L.J., appealed a Tarrant County district court order terminating her parental rights to both children under Texas Family Code Section 161.001(b). Her appointed appellate counsel filed an Anders brief explaining that counsel had reviewed the record and found no meritorious ground for reversal.
Counsel provided the mother with the brief, informed her of her rights to request the record and file a pro se response, and supplied a motion to facilitate access to the record. The court also notified the mother of those rights, but she neither requested access to the record nor filed a response.
The Court’s Holding
The Second Court of Appeals independently reviewed the appellate record and agreed that no arguable ground for appeal existed. It found no jurisdictional defect, no preserved harmful evidentiary ruling, and no indication that the mother lacked adequate legal representation in the trial court.
The court also concluded that sufficient evidence supported the findings that the mother violated at least one statutory predicate ground and that termination was in the children’s best interest. The record included evidence that both children tested positive for methamphetamine when removed, that the mother repeatedly abused drugs, and that she engaged in criminal conduct and was incarcerated by the final day of trial. The court therefore held that the appeal was frivolous and affirmed the termination order.
Key Takeaways
- An appointed attorney may use the Anders procedure in a parental-rights termination appeal after concluding that no meritorious appellate issue exists.
- The appellate court must independently examine the record for arguable grounds even when the parent does not file a pro se response.
- Evidence of recurring drug abuse, the children’s methamphetamine exposure, criminal conduct, and incarceration supported the termination findings in this case.
Why It Matters
The decision illustrates the review required when appointed counsel files an Anders brief in a Texas parental-rights termination case. Counsel’s assessment does not end the inquiry; the appellate court must independently examine the record before deeming the appeal frivolous and affirming the termination order.