Opinion
02-23-00447-CV
04-05-2024
In the Interest of L.G., K.M., and J.H., Children
On Appeal from the 233rd District Court Tarrant County, Texas Trial Court No. 233-642555-18
Before Sudderth, C.J.; Wallach and Walker, JJ.
MEMORANDUM OPINION
BRIAN WALKER JUSTICE
The trial court terminated Appellant Mother's parental rights to her children L.G., K.M., and J.H. after a jury trial. Mother's rights were terminated based on the jury's unanimous findings on endangerment, failure to comply with provisions of a court order required for the children's return to her, and the children's best interests. See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O), (2).
The trial court also terminated the parental rights of the children's fathers. The fathers have not appealed.
Mother's appointed appellate counsel has filed an Anders brief in which she concludes that, after a thorough review of the appellate record, the appeal is frivolous. See In re K.W., No. 02-23-00082-CV, 2023 WL 4289613, at *1 (Tex. App.-Fort Worth June 30, 2023, no pet.) (mem. op.). Counsel's brief meets the Anders requirements by presenting a professional evaluation of the record and showing why there are no arguable grounds to advance on appeal.
Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967); see In re KM., 98 S.W.3d 774, 776-77 (Tex. App.-Fort Worth 2003, no pet.) (holding Anders procedures apply in termination-of-parental-rights cases), disp. on merits, No. 02-01-00349-CV, 2003 WL 2006583 (Tex. App.-Fort Worth May 1, 2003, no pet.) (mem. op.).
We provided Mother the opportunity to obtain a copy of the appellate record and to file a pro se response, but she has not done so. The Department of Family and Protective Services did not file a brief in response to the Anders brief but agreed with Mother's counsel that the appeal is frivolous in a letter to this court.
When an Anders brief is filed, we must independently examine the appellate record to determine if any arguable grounds for appeal exist. In re C.J., No. 02-18-00219-CV, 2018 WL 4496240, at *1 (Tex. App.-Fort Worth Sept. 20, 2018, no pet.) (mem. op.). Having carefully reviewed counsel's brief and the appellate record, we agree with counsel that Mother's appeal is without merit. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); In re D.D., 279 S.W.3d 849, 850 (Tex. App.-Dallas 2009, pet. denied). Therefore, we affirm the trial court's order terminating the parent-child relationship between Mother and the children.
Mother's counsel filed a motion to withdraw, but the record does not show good cause for withdrawal independent from counsel's conclusion that the appeal is frivolous. See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (order); In re C.J., 501 S.W.3d 254, 255 (Tex. App.-Fort Worth 2016, pet. denied). Accordingly, Mother's counsel remains appointed through proceedings in the Texas Supreme Court unless otherwise relieved. See P.M., 520 S.W.3d at 27-28; see also Tex. Fam. Code. Ann. § 107.016(2)(C).