In the Interest of K.W. and K.W., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 30, 2023
• Docket: 02-23-00082-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00082-CV ___________________________

IN THE INTEREST OF K.W. AND K.W., CHILDREN

On Appeal from the 324th District Court Tarrant County, Texas Trial Court No. 324-707636-21

Before Sudderth, C.J.; Womack and Walker, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

I. INTRODUCTION

Appellant R.W. (Mother) appeals the trial court’s order terminating her parental

rights to her children K.W. and K.W.1 The trial court also terminated the parental

rights of the children’s fathers, but neither father appealed.

The trial court found that the Texas Department of Family and Protective

Services (the Department) had proved four conduct-based grounds for termination.

See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O), (P). Additionally, the trial

court found that the Department had proved that Mother had an inability to care for

the children. See id. § 161.003(a)(2). Finally, the trial court found that termination was

in the children’s best interest. See id. § 161.001(b)(2), .003(a)(5).

The trial court awarded permanent managing conservatorship of the children

to the Department and possessory conservatorship to the intervenors, the foster

parents.

II. BACKGROUND

Mother’s appointed appellate counsel has filed a brief asserting that “the appeal

is frivolous and without merit.” See Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct.

1396, 1400 (1967); see also In re K.M., 98 S.W.3d 774, 776–77 (Tex. App.—Fort Worth

1 We use aliases for the children and identify R.W. by her relationship to the children, that is, as “Mother.” See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P. 9.8(b)(2).

2 2003, order) (holding that Anders procedures apply in parental-rights termination

cases). 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.

We provided Mother the opportunity to obtain a copy of the appellate record

and to file a pro se response, but she did not do so. The Department has responded

that it agrees with Mother’s counsel that the appeal is frivolous.

III. DISCUSSION

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.); see Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We also

consider the Anders brief itself and, if filed, any pro se response. In re K.M., No. 02-

18-00073-CV, 2018 WL 3288591, at *10 (Tex. App.—Fort Worth July 5, 2018, pet.

denied) (mem. op.).

We have carefully reviewed appointed appellate counsel’s Anders brief and the

appellate record. Having found no reversible error, we agree with counsel that this

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.

3 Mother’s counsel did not file a motion to withdraw, and 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).

IV. CONCLUSION

We agree with counsel that Mother’s appeal is frivolous; thus, we affirm the

trial court’s termination order.

/s/ Dana Womack 23082CV – K.W. (180) DMW/Dean

Dana Womack Justice

Delivered: June 30, 2023