In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-18-00146-CV
IN THE INTEREST OF S.S.C. AND X.C., CHILDREN
On Appeal from the 72nd District Court Crosby County, Texas Trial Court No. 2016-7949, Honorable Kara L. Darnell, Presiding
August 13, 2018
MEMORANDUM OPINION Before CAMPBELL and PIRTLE and PARKER, JJ.
“Mandy,”1 appeals the trial court’s order terminating her parental rights to her
daughter, “X.C.” Appointed counsel for Mandy has filed an Anders2 brief in support of a
motion to withdraw. Finding no arguable grounds for appeal, we affirm the judgment of
the trial court.
1 To protect the privacy of the parties involved, we will refer to the appellant mother as “Mandy,”
the father of the child as “Joe,” the child the subject of this appeal as “X.C.,” and the child’s sibling as “S.S.C.” See TEX. FAM. CODE ANN. § 109.002(d) (West Supp. 2017); TEX. R. APP. P. 9.8(b). Joe’s parental rights were also terminated, but he did not appeal.
2 See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Background
In October 2016, the Department of Family and Protective Services filed its Petition
for Protection of Child, for Conservatorship, and for Termination in Suit Affecting Parent-
Child Relationship, seeking termination of the parental rights of Mandy and Joe as to their
two children, fifteen-year-old S.S.C., and thirteen-year-old X.C. The children were
removed after the Department received a report that Mandy left X.C. without an adult
caregiver for several days. There were also concerns of Mandy’s drug use because of
her prior involvement with the Department.
The Department developed a service plan for Mandy to address her drug use and
instability of her home. According to the plan, Mandy was required to: abstain from the
use of illegal drugs; attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA);
submit to random drug screens; complete a substance abuse assessment and follow
recommendations; locate stable housing and employment; take parenting classes;
complete a psychological evaluation; attend individual counseling; and attend visits with
X.C. and S.S.C.
Mandy maintained sporadic contact with the Department during the pendency of
the case. She lived at multiple residences and reported being homeless in October of
2017. She attempted individual counseling with five different counselors, but she did not
complete her counseling requirement. Mandy completed a parenting class, an alcohol
and drug assessment, and in-patient drug treatment. Mandy failed to submit to any of the
court-ordered drug testing or attend AA/NA meetings. Mandy began outpatient drug
rehabilitation services at Managed Care on August 22, 2017, but she was discharged
2 before completing those services. At the time of trial, Mandy also had another case
pending with the Department on her youngest child. Although she was notified of the final
hearing, Mandy did not appear.
On February 3, 2017, Mandy’s parental rights were terminated on another child,
B.M.H., on the grounds of endangerment, endangering conditions, constructive
abandonment, and failure to comply with a court order that established actions necessary
to retain custody of the child. See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E), (N), (O)
(West Supp. 2017).3
X.C. and S.S.C. are placed together at the Big Springs Ranch for Children. X.C.
is “doing excellent” in her placement and is enrolled in school. X.C. does not want to live
with her mother, but she would like to live with her maternal grandmother.
On April 13, 2018, the trial court terminated Mandy’s parental rights on the grounds
that she had her parental rights terminated to another child based on a finding of
endangerment or endangering conditions and failure to comply with a court order that
established actions necessary to retain custody of the child. See § 161.001(b)(1)(M), (O).
The trial court also found that termination was in the best interest of X.C. See
§ 161.001(b)(2). The court appointed the Department as the Permanent Managing
Conservator of S.S.C. and X.C.4
3 Further references to provisions of the Texas Family Code will be by reference to “section __” or “§ __.” 4Mandy did not appeal the trial court’s appointment of the Department as Permanent Managing Conservator of S.S.C. As such, our review will be limited to the trial court’s termination of Mandy’s parental rights to X.C.
3 Analysis
Pursuant to Anders, Mandy’s court-appointed appellate counsel has filed a brief
certifying that she has diligently searched the record and has concluded that the record
reflects no arguably reversible error that would support an appeal. In re Schulman, 252
S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding); Porter v. Tex. Dep’t of
Protective & Regulatory Servs., 105 S.W.3d 52, 56 (Tex. App.—Corpus Christi 2003, no
pet.) (“[W]hen appointed counsel represents an indigent client in a parental termination
appeal and concludes that there are no non-frivolous issues for appeal, counsel may file
an Anders-type brief”); In re L.J., No. 07-14-00319-CV, 2015 Tex. App. LEXIS 427, at *2-
3 (Tex. App.—Amarillo Jan. 15, 2015, no pet.) (mem. op.) (same).
Counsel certifies that she has diligently researched the law applicable to the facts
and issues and discusses why, in her professional opinion, the appeal is frivolous. In re
D.A.S., 973 S.W.2d 296, 297 (Tex. 1998) (orig. proceeding). Counsel has complied with
the requirements of Anders by providing a copy of the brief, motion to withdraw, and
appellate record to Mandy, and notifying her of her right to file a pro se response if she
desired to do so. Id.; Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In
re L.V., No. 07-15-00315-CV, 2015 Tex. App. LEXIS 11607, at *2-3 (Tex. App.—Amarillo
Nov. 9, 2015) (order) (per curiam). Mandy has not filed a response.
Due process requires that termination of parental rights be supported by clear and
convincing evidence. In re E.M.E., 234 S.W.3d 71, 72 (Tex. App.—El Paso 2007, no pet.)
(citing In re J.F.C., 96 S.W.3d 256, 263 (Tex. 2002)). This standard falls between the civil
preponderance of the evidence standard and the reasonable doubt standard of criminal
4 proceedings. Id. at 73. Clear and convincing evidence is that “measure or degree of
proof that will produce in the mind of the trier of fact a firm belief or conviction as to the
truth of the allegations sought to be established.” § 101.007 (West 2014). Reviewing the
legal sufficiency of the evidence supporting parental termination requires us to review “all
the evidence in the light most favorable to the finding to determine whether a reasonable
trier of fact could have formed a firm belief or conviction that its finding was true.” In re
J.F.C., 96 S.W.3d at 266. In a factual sufficiency review, we are to determine whether,
on the entire record, a factfinder could reasonably form a firm conviction or belief about
the truth of the matter on which the movant bore the burden of proof.
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In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-18-00146-CV
IN THE INTEREST OF S.S.C. AND X.C., CHILDREN
On Appeal from the 72nd District Court Crosby County, Texas Trial Court No. 2016-7949, Honorable Kara L. Darnell, Presiding
August 13, 2018
MEMORANDUM OPINION Before CAMPBELL and PIRTLE and PARKER, JJ.
“Mandy,”1 appeals the trial court’s order terminating her parental rights to her
daughter, “X.C.” Appointed counsel for Mandy has filed an Anders2 brief in support of a
motion to withdraw. Finding no arguable grounds for appeal, we affirm the judgment of
the trial court.
1 To protect the privacy of the parties involved, we will refer to the appellant mother as “Mandy,”
the father of the child as “Joe,” the child the subject of this appeal as “X.C.,” and the child’s sibling as “S.S.C.” See TEX. FAM. CODE ANN. § 109.002(d) (West Supp. 2017); TEX. R. APP. P. 9.8(b). Joe’s parental rights were also terminated, but he did not appeal.
2 See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Background
In October 2016, the Department of Family and Protective Services filed its Petition
for Protection of Child, for Conservatorship, and for Termination in Suit Affecting Parent-
Child Relationship, seeking termination of the parental rights of Mandy and Joe as to their
two children, fifteen-year-old S.S.C., and thirteen-year-old X.C. The children were
removed after the Department received a report that Mandy left X.C. without an adult
caregiver for several days. There were also concerns of Mandy’s drug use because of
her prior involvement with the Department.
The Department developed a service plan for Mandy to address her drug use and
instability of her home. According to the plan, Mandy was required to: abstain from the
use of illegal drugs; attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA);
submit to random drug screens; complete a substance abuse assessment and follow
recommendations; locate stable housing and employment; take parenting classes;
complete a psychological evaluation; attend individual counseling; and attend visits with
X.C. and S.S.C.
Mandy maintained sporadic contact with the Department during the pendency of
the case. She lived at multiple residences and reported being homeless in October of
2017. She attempted individual counseling with five different counselors, but she did not
complete her counseling requirement. Mandy completed a parenting class, an alcohol
and drug assessment, and in-patient drug treatment. Mandy failed to submit to any of the
court-ordered drug testing or attend AA/NA meetings. Mandy began outpatient drug
rehabilitation services at Managed Care on August 22, 2017, but she was discharged
2 before completing those services. At the time of trial, Mandy also had another case
pending with the Department on her youngest child. Although she was notified of the final
hearing, Mandy did not appear.
On February 3, 2017, Mandy’s parental rights were terminated on another child,
B.M.H., on the grounds of endangerment, endangering conditions, constructive
abandonment, and failure to comply with a court order that established actions necessary
to retain custody of the child. See TEX. FAM. CODE ANN. § 161.001(b)(1)(D), (E), (N), (O)
(West Supp. 2017).3
X.C. and S.S.C. are placed together at the Big Springs Ranch for Children. X.C.
is “doing excellent” in her placement and is enrolled in school. X.C. does not want to live
with her mother, but she would like to live with her maternal grandmother.
On April 13, 2018, the trial court terminated Mandy’s parental rights on the grounds
that she had her parental rights terminated to another child based on a finding of
endangerment or endangering conditions and failure to comply with a court order that
established actions necessary to retain custody of the child. See § 161.001(b)(1)(M), (O).
The trial court also found that termination was in the best interest of X.C. See
§ 161.001(b)(2). The court appointed the Department as the Permanent Managing
Conservator of S.S.C. and X.C.4
3 Further references to provisions of the Texas Family Code will be by reference to “section __” or “§ __.” 4Mandy did not appeal the trial court’s appointment of the Department as Permanent Managing Conservator of S.S.C. As such, our review will be limited to the trial court’s termination of Mandy’s parental rights to X.C.
3 Analysis
Pursuant to Anders, Mandy’s court-appointed appellate counsel has filed a brief
certifying that she has diligently searched the record and has concluded that the record
reflects no arguably reversible error that would support an appeal. In re Schulman, 252
S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (orig. proceeding); Porter v. Tex. Dep’t of
Protective & Regulatory Servs., 105 S.W.3d 52, 56 (Tex. App.—Corpus Christi 2003, no
pet.) (“[W]hen appointed counsel represents an indigent client in a parental termination
appeal and concludes that there are no non-frivolous issues for appeal, counsel may file
an Anders-type brief”); In re L.J., No. 07-14-00319-CV, 2015 Tex. App. LEXIS 427, at *2-
3 (Tex. App.—Amarillo Jan. 15, 2015, no pet.) (mem. op.) (same).
Counsel certifies that she has diligently researched the law applicable to the facts
and issues and discusses why, in her professional opinion, the appeal is frivolous. In re
D.A.S., 973 S.W.2d 296, 297 (Tex. 1998) (orig. proceeding). Counsel has complied with
the requirements of Anders by providing a copy of the brief, motion to withdraw, and
appellate record to Mandy, and notifying her of her right to file a pro se response if she
desired to do so. Id.; Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In
re L.V., No. 07-15-00315-CV, 2015 Tex. App. LEXIS 11607, at *2-3 (Tex. App.—Amarillo
Nov. 9, 2015) (order) (per curiam). Mandy has not filed a response.
Due process requires that termination of parental rights be supported by clear and
convincing evidence. In re E.M.E., 234 S.W.3d 71, 72 (Tex. App.—El Paso 2007, no pet.)
(citing In re J.F.C., 96 S.W.3d 256, 263 (Tex. 2002)). This standard falls between the civil
preponderance of the evidence standard and the reasonable doubt standard of criminal
4 proceedings. Id. at 73. Clear and convincing evidence is that “measure or degree of
proof that will produce in the mind of the trier of fact a firm belief or conviction as to the
truth of the allegations sought to be established.” § 101.007 (West 2014). Reviewing the
legal sufficiency of the evidence supporting parental termination requires us to review “all
the evidence in the light most favorable to the finding to determine whether a reasonable
trier of fact could have formed a firm belief or conviction that its finding was true.” In re
J.F.C., 96 S.W.3d at 266. In a factual sufficiency review, we are to determine whether,
on the entire record, a factfinder could reasonably form a firm conviction or belief about
the truth of the matter on which the movant bore the burden of proof. In re C.H., 89
S.W.3d 17, 28-29 (Tex. 2002); In re T.B.D., 223 S.W.3d 515, 517 (Tex. App.—Amarillo
2006, no pet.). By her Anders brief, counsel concludes that reversible error is not present
because sufficient evidence supports termination under subsection (M). See In re A.V.,
113 S.W.3d 355, 362 (Tex. 2003); In re T.N., 180 S.W.3d 376, 384 (Tex. App.—Amarillo
2005, no pet.) (only one predicate finding under section 161.001(b)(1) is necessary to
support termination when there is also a finding that termination is in a child’s best
interest).
As in a criminal case, we have independently examined the entire record to
determine whether there is a non-frivolous issue that might support the appeal. See
Penson v. Ohio, 488 U.S. 75, 82-83, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Stafford
v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Based on this record, we conclude
that a reasonable factfinder could have formed a firm belief or conviction that sufficient
evidence existed to support at least one ground for termination, and that termination of
Mandy’s parental rights was in X.C.’s best interest. See In re A.V., 113 S.W.3d at 362;
5 In re T.N., 180 S.W.3d at 384. After reviewing the record and the Anders brief, we agree
with counsel that there are no plausible grounds for reversal.
Accordingly, the trial court’s order terminating Mandy’s parental rights to X.C. is
affirmed.5
Judy C. Parker Justice
5We call counsel’s attention to the continuing duty of representation through the exhaustion of proceedings, which may include the filing of a petition for review. Counsel has filed a motion to withdraw, on which we will take no action. In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (per curiam).