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In the Interest of D.D., et al., Minor Children

Texas Courts of Appeals2009-02-23No. No. 05-08-00001-CV
279 S.W.3d 849

Summary

Holding. The court affirmed the trial court's termination of the mother's parental rights to her three children and granted counsel's motion to withdraw. The court also held that Anders procedures are applicable in termination of parental rights cases.

A mother appealed a trial court's decision terminating her parental rights to three children. The appellate court was asked to review an Anders brief filed by the mother's court-appointed counsel, who concluded the appeal lacked merit. The case involved serious injuries to one child, a two-month-old who sustained a severe skull fracture and fifteen rib fractures; neither parent provided a credible explanation for the injuries despite claiming to be the sole caretakers.

The appellate court established that Anders procedures—which allow appointed counsel to withdraw after demonstrating an appeal is frivolous—apply in parental rights termination cases. After reviewing the record, the counsel's brief, and the mother's pro se response, the court found no arguable grounds for reversal and agreed that the appeal was frivolous and without merit.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Anders procedures apply in parental rights termination appeals
  • Whether the evidence sufficiently supported termination of parental rights
  • Whether grounds existed to reverse the termination order

Procedural posture

The mother appealed from a trial court's order terminating her parental rights following a bench trial, represented by court-appointed counsel who filed an Anders brief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Cited by (2)

Opinion

majority opinion

OPINION

Opinion by

Justice WRIGHT.

Mother appeals from the trial court’s order terminating her parental rights to her three children. Mother is represented on appeal by court-appointed counsel who has filed an Anders brief on her behalf concluding that, after thorough review of the record, Mother’s appeal of the termination of her parental rights is frivolous and without merit. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

This Court has not previously addressed the propriety of filing an Anders brief in a parental rights termination case. However, eight of our sister courts have addressed this issue and concluded that Anders procedures are applicable in cases involving termination of parental rights. See Taylor v. Tex. Dep’t of Protective & Regulatory Servs., 160 S.W.3d 641, 646 (Tex.App.-Austin 2005, pet. denied); In re D.E.S., 135 S.W.3d 326, 329 (Tex.App.Houston [14th Dist.] 2004, no pet.); In re K.D., 127 S.W.3d 66, 67 (Tex.App.-Houston [1st Dist.] 2003, no pet.); Porter v. Tex. Dep’t of Protective & Regulatory Servs., 105 S.W.3d 52, 56 (Tex.App.-Corpus Christi 2003, no pet.); In re KM., 98 S.W.3d 774, 777 (Tex.App.-Fort Worth 2003, no pet.); In re E.L.Y., 69 S.W.3d 838, 841 (Tex.App.-Waco 2002, no pet.); In re K.S.M., 61 S.W.3d 632, 634 (Tex.App.-Tyler 2001, no pet.); In re A.W.T., 61 S.W.3d 87, 88 (Tex.App.-Amarillo 2001, no pet). We join our sister courts in holding that Anders procedures apply in termination of parental rights cases.

Following a bench trial, the trial court terminated Mother’s parental rights to her three children. One of Mother’s children, D.D., suffered a severe skull fracture and fifteen rib fractures. D.D. was just two months old at the time of her injuries. Throughout the process, both Mother and D.D.’s Father insisted that they were D.D.’s only caretakers. They never offered a viable explanation for D.D.’s injuries.

In reviewing an Anders brief, this Court is not required to review the merits of each claim raised in the brief or a pro se response. Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App.2005). Rather, this Court’s duty is to determine whether there are any arguable grounds for reversal and, if there are, to remand the case to the trial court so that new counsel may be appointed to brief the issues. Id. The Anders brief filed by appellant’s counsel presents a professional evaluation of the record demonstrating why there are no arguable grounds for reversal. A copy of this brief was delivered to Mother, who was notified of her right to seek other counsel or file a pro se response. Mother has filed a pro se response. We have reviewed the record, counsel’s brief, and Mother’s pro se response. See Bledsoe, 178 S.W.3d at 827. We agree the appeal is frivolous and without merit. We find nothing in the record that could arguably support the appeal. We affirm the trial court’s final order terminating Mother’s parental rights to her three children and grant her counsel’s motion to withdraw.

. Father’s parental rights were also terminated. Although Father filed a notice of appeal, he did not pursue his appeal any further.

. Counsel for Mother conducted a thorough review of the record. She conducted a thorough analysis of the legal and factual sufficiency of the evidence with regard to whether: (1) Mother knowingly placed or knowingly allowed the children to remain in conditions or surroundings that endangered the physical or emotional well-being of the children; (2) Mother engaged in conduct or knowingly placed the children with persons who engaged in conduct that endangered the physical or emotional well-being of the children; and (3) termination was in the children’s best interest.