Unreported / Non-Citable
Background
A Jefferson County district court terminated K.E.J.’s parental rights to her minor child, identified by the pseudonym “Zane.” The trial court found by clear and convincing evidence that the mother had knowingly placed or allowed the child to remain in endangering conditions or surroundings, had engaged in or allowed the child to remain with persons who engaged in endangering conduct, and that termination was in the child’s best interest.
The mother appealed. Her appointed attorney filed an Anders brief stating that, after reviewing the record, counsel found no arguable grounds for reversing the termination order. Counsel informed the mother of her right to file a pro se response and obtain the appellate record, and the court separately notified her of the response deadline. The mother did not file a response.
The Court’s Holding
The Ninth Court of Appeals independently reviewed the appellate record and appointed counsel’s brief. It found nothing that would arguably support the 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 also noted that counsel could satisfy any continuing obligation in a Texas Supreme Court appeal 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 the Ninth Court of Appeals.
- The appellate court independently reviewed the record before concluding that no arguable ground for appeal existed.
- The court affirmed the termination order without appointing new counsel for rebriefing.
Why It Matters
The decision illustrates the review required when appointed counsel concludes that a parental-rights termination appeal presents no nonfrivolous issue. Even without a pro se response from the parent, the appellate court must conduct its own examination of the record before affirming under Anders procedures.