K. H. M. v. Texas Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: June 28, 2024
• Docket: 03-24-00246-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00246-CV

K. H. M., Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-22-006532, THE HONORABLE MARIA CANTÚ HEXSEL, JUDGE PRESIDING

MEMORANDUM OPINION

K.H.M. (Mother) appeals from the trial court’s order terminating her parental

rights to her child. See Tex. Fam. Code § 161.001. After a bench trial, the trial court rendered

judgment finding by clear and convincing evidence that three statutory grounds existed for

terminating Mother’s parental rights and that termination was in the child’s best interest. See id.

§ 161.001(b)(1)(D), (N), (O), (2).

Mother’s court-appointed counsel has filed a brief concluding that her appeal is

frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967); In re P.M.,

520 S.W.3d 24, 27 & n.10 (Tex. 2016) (per curiam) (approving use of Anders procedure in

appeals from termination of parental rights because it “strikes an important balance between the

defendant’s constitutional right to counsel on appeal and counsel’s obligation not to prosecute

frivolous appeals” (citations omitted)). The brief meets the requirements of Anders by presenting a professional evaluation of the record and demonstrating why there are no arguable

grounds to be advanced on appeal. See 386 U.S. at 744; Taylor v. Texas Dep’t of Protective &

Regulatory Servs., 160 S.W.3d 641, 646–47 (Tex. App.—Austin 2005, pet. denied) (applying

Anders procedure in parental-termination case). Mother’s counsel has certified to this Court that

he has provided her with a copy of the Anders brief and a copy of the entire appellate record

and informed her of her right to file a pro se brief. The Department of Family and Protective

Services has filed a response to the Anders brief, waiving its right to file an appellee’s brief

unless requested by this Court or as needed to respond to any pro se brief filed by appellant. To

date, Mother has not filed a pro se brief.

We have conducted a full examination of all of the proceedings to determine

whether the appeal is wholly frivolous, as we must when presented with an Anders brief. See

Penson v. Ohio, 488 U.S. 75, 80 (1988). We have specifically reviewed the jury’s findings under

part (D) of Family Code § 161.001(b)(1), and we have found no non-frivolous issues that could

be raised on appeal with respect to that finding. See In re N.G., 577 S.W.3d 230, 237 (Tex.

2019) (holding that “due process and due course of law requirements mandate that an appellate

court detail its analysis for an appeal of termination of parental rights under section

161.001(b)(1)(D) or (E) of the Family Code”). After reviewing the record and the Anders briefs,

we find nothing in the record that would arguably support Mother’s appeal. We agree with

Mother’s counsel that the appeal is frivolous and without merit. Accordingly, we affirm the trial

court’s order terminating the parental rights of Mother. We deny Mother’s counsel’s motion to

withdraw.1

1 The Texas Supreme Court has held that the right to counsel in suits seeking termination of parental rights extends to “all proceedings [in the Texas Supreme Court], including the filing

2 __________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Triana, and Kelly

Affirmed

Filed: June 28, 2024

of a petition for review.” In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (per curiam). Accordingly, counsel’s obligations to K.H.M. have not yet been discharged. See id. If after consulting with counsel appellant desires to file a petition for review, her counsel should timely file with the Texas Supreme Court “a petition for review that satisfies the standards for an Anders brief.” See id.