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In the Interest of K. E. v. the State of Texas

2026-08-27

Summary

Holding. The appellate court affirmed the trial court's order terminating the mother's parental rights, finding no arguable grounds for reversal and determining the appeal was frivolous and without merit.

The mother appealed an order terminating her parental rights to her minor child. The trial court had found by clear and convincing evidence that statutory grounds existed for termination and that termination would serve the child's best interest. The mother's court-appointed attorney filed an Anders brief, indicating there were no arguable grounds to support the appeal, and the court provided the mother with notice of her right to file a response pro se. The mother did not file a response.

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

Key issues

  • Whether statutory grounds for termination of parental rights existed
  • Whether termination was in the child's best interest
  • Whether any arguable grounds for appeal supported reversal of the termination order

Procedural posture

The mother appealed the trial court's parental rights termination order from Jefferson County District Court to the Ninth District Court of Appeals in Texas.

Authorities cited

Opinion

majority opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-26-00164-CV

IN THE INTEREST OF K.E.

On Appeal from the 279th District Court

Jefferson County, Texas

Trial Cause No. 25DCFM0548

MEMORANDUM OPINION

Mother appeals an order terminating her parental rights to her minor child,

“Kinsey.” 1 The trial court found, by clear and convincing evidence, that statutory

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grounds exist for termination of Mother’s, K.E.J.’s, parental rights and that

termination of her parental rights would be in the child’s best interest. See Tex. Fam.

Code Ann. § 161.001(b)(1)(D), (E), (2). 21F

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To protect the identity of the child, we use pseudonyms to refer to the child and the parents. See Tex. R. App. P. 9.8(b)(2); Tex. Fam. Code Ann. § 109.002(d).

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The trial court also terminated Father’s parental rights after he signed an Affidavit of Voluntary Relinquishment, but he is not a party to this appeal.

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Mother’s appointed attorney submitted a brief in which she contends that there

are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738

(1967); In re L.D.T., 161 S.W.3d 728, 730–31 (Tex. App.—Beaumont 2005, no

pet.) (noting Anders procedures apply in parental-rights termination cases). The brief

presents the attorney’s professional evaluation of the record and explains why no

arguable grounds exist to overturn the trial court’s judgment. The attorney

represented to the Court that she provided Mother with a copy of the Anders brief

she filed, notified Mother of her right to file a pro se brief, and would provide a copy

of the clerk’s and reporter’s records to Mother. The Court likewise notified Mother

of her right to file a pro se response, and the deadline. Mother did not file a response

with the Court.

We have independently evaluated the appellate record and the brief filed by

Mother’s court-appointed attorney. See Penson v. Ohio, 488 U.S. 75, 80 (1988)

(citing Anders, 386 U.S. at 744); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.

Crim. App. 2005); In re K.R.C., 346 S.W.3d 618, 619 (Tex. App.—El Paso 2009,

no pet.). Based on our review of the record, we have found nothing that would

arguably support an appeal and agree that the appeal is frivolous and lacks merit.

See Bledsoe, 178 S.W.3d at 827–28 (“Due to the nature of Anders briefs, by

indicating in the opinion that it considered the issues raised in the briefs and

reviewed the record for arguable error but found none, the court of appeals met the

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requirements of Texas Rule of Appellate Procedure 47.1.”); In re K.R.C., 346

S.W.3d at 619. Therefore, we find it unnecessary to order appointment of new

counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.

App. 1991).

We affirm the trial court’s order terminating Mother’s parental rights. Should

Mother decide to pursue an appeal to the Supreme Court of Texas, her counsel’s

obligation can be met “by filing a petition for review that satisfies the standards for

an Anders brief.” See In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (citations

omitted).

AFFIRMED.

W. SCOTT GOLEMON

Chief Justice

Submitted on August 24, 2026

Opinion Delivered August 27, 2026

Before Golemon, C.J., Johnson and Chambers, JJ.

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