in the Interest of M.E.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-22-00242-CV ________________
IN THE INTEREST OF M.E.
________________________________________________________________________
On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-237,814 ________________________________________________________________________
MEMORANDUM OPINION
Appellant Mother appeals the termination of her parental rights to her child,
M.E. 1 See Tex. Fam. Code Ann. § 161.001. The trial court found by clear and
convincing evidence that statutory grounds exist for termination and that termination
is in the best interest of the child. See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E),
(F), (K), (N), (O), (P), (2).
1 To protect the identity of the minor, we use initials to refer to the child. See Tex. R. App. P. 9.8(b)(2). 1 Appellant’s court-appointed appellate counsel submitted a brief in which
counsel contends there are no meritorious issues for appeal. See 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.). The brief provides counsel’s professional evaluation of the
record, discusses the evidence at trial and the applicable legal standard, the trial
court’s ruling, and why the trial court’s ruling is supported by sufficient evidence.
Counsel concludes there are no arguable grounds to be advanced on appeal. Counsel
certified that Appellant was served with a copy of the Anders brief. The Court
notified Mother of her right to file a pro se response and of the deadline for doing
so. Mother did not file a response with the Court.
We have independently reviewed the entire record and counsel’s brief, and
we conclude that there are no arguable grounds for review, that no reversible error
exists, and that Appellant’s appeal is frivolous. See Anders, 386 U.S. at 744
(emphasizing that the reviewing court—and not counsel—determines, after full
examination of proceedings, whether the appeal is wholly frivolous). As a result, we
affirm the trial court’s termination of Appellant’s parental rights. We further find no
arguable error requiring us to order appointment of new counsel to re-brief this
appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
2 Accordingly, we affirm the trial court’s order terminating Appellant’s parental
rights.2
AFFIRMED.
________________________________ LEANNE JOHNSON Justice
Submitted on December 28, 2022 Opinion Delivered January 12, 2023
Before Golemon, C.J., Johnson and Horton, JJ.
2 We note that if Appellant decides to pursue review by the Supreme Court of Texas, counsel may satisfy her obligations to Appellant “by filing a petition for review that satisfies the standards for an Anders brief.” In re P.M., 520 S.W.3d 24, 27-28 (Tex. 2016). 3
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