in the Interest of G.S.G. and Z.M.G.

• Court: Court of Appeals of Texas
• Decided: July 14, 2022
• Docket: 09-22-00067-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00067-CV __________________

IN THE INTEREST OF G.S.G. AND Z.M.G.

__________________________________________________________________

On Appeal from the County Court at Law Orange County, Texas Trial Cause No. C200744-D __________________________________________________________________

MEMORANDUM OPINION

Following a bench trial, the trial court terminated Mother’s and

Father’s parent-child relationships with their children, nine-year-old

G.S.G. (Gina) and six-year-old Z.M.G. (Zelda). 1 As to Mother, the trial

court found by clear and convincing evidence that Mother:

(1) knowingly placed or knowingly allowed the children to remain in conditions or surroundings that endangered the physical or emotional well-being of the children, pursuant to § 161.001(b)(1)(D), Texas Family Code;

1To protect the identities of Mother, Father, and their children, we use pseudonyms in the opinion in place of names. See Tex. R. App. P. 9.8(a), (b). 1 (2) engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangered the physical or emotional well-being of the children, pursuant to § 161.001(b)(1)(E), Texas Family Code; (3) constructively abandoned the children, who have been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than six months along with the additional findings required in section 161.001(b)(1)(N) of the Texas Family Code; (4) failed to comply with the provisions of a court order establishing the actions Mother had to follow to have her children returned after they were placed with the Department of Family and Protective Services for not less than nine months following their removal for abuse or neglect, pursuant to § 161.00(b)(1)(O), Texas Family Code; and (5) used a controlled substance, as defined by Chapter 481, Health and Safety Code, in a manner that endangered the health or safety of the child, and then failed to complete a court-ordered substance abuse treatment program or complete a court- ordered substance abuse treatment program and continued to abuse a controlled substance in a manner that endangered the health or safety of her children. 2

As to Father, the trial court found that Father filed “an unrevoked

or irrevocable affidavit of relinquishment of parental rights as provided

by Chapter 161, Texas Family Code[.]” Finally, the trial court found that

terminating Mother’s and Father’s parent-child relationships with Gina

and Zelda is in their best interest. After the trial court signed the order

terminating Mother’s and Father’s parental rights, Mother appealed.

Father, however, did not.

2See Tex. Fam. Code. Ann. § 161.001(b)(1)(D), (E), (N), (O), (P). 2 On appeal, Mother’s court-appointed attorney filed a brief. The

brief provides the Court with a professional evaluation of the record.

According to Mother’s brief, no arguable grounds exist to support

Mother’s appeal. 3 Mother’s attorney certified that he sent Mother a copy

of the brief. Upon receiving the attorney’s brief, the Clerk of the Ninth

Court of Appeals notified Mother she had until May 20, 2022, to file a pro

se response to the brief with the Court. But the appellate record shows

that Mother failed to respond.

We have independently reviewed the record. Based on our review,

we find Mother’s appeal to be frivolous. Accordingly, we need not appoint

another attorney to re-brief the appeal. 4

For the above reasons, the trial court’s judgment is

AFFIRMED.

_________________________ HOLLIS HORTON Justice

Submitted on June 15, 2022 Opinion Delivered July 14, 2022

Before Golemon, C.J., Kreger and Horton, JJ.

3See Anders v. California, 386 U.S. 738 (1967); In re L.D.T., 161 S.W.3d 728, 731 (Tex. App.—Beaumont 2005, no pet.). 4Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).