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In the Interest of C.L.C. v. the State of Texas

2026-09-17

Authorities cited

Opinion

majority opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-26-00179-CV

IN THE INTEREST OF C.L.C.

On Appeal from the County Court at Law

Orange County, Texas

Trial Cause No. 250229-D

MEMORANDUM OPINION

K.C. (“Kimberly”) appeals from an order terminating her parental rights to

her one-year-old son, C.L.C. (“Caleb”). 1 The trial court found, by clear and

convincing evidence, that statutory grounds exist for the termination of Kimberly’s

parental rights and that termination of her parental rights would be in the best interest

of the child. See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (I), (N), (O), (2).

1

To protect the child’s identity, we use pseudonyms to refer to the child and the parents. See Tex. Fam. Code Ann. § 109.002(d); Tex. R. App. P. 9.8(b)(2). The trial court’s Order of Termination also terminated the child’s father’s parental rights, but the father is not a party to this appeal.

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

there are no meritorious issues for appeal and that the appeal is frivolous. 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.) (Anders procedures apply in parental-right

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 gave Kimberly a copy of

the Anders brief she filed, notified Kimberly of her right to file a pro se brief, and

notified Kimberly of how to access the appellate record. The Court notified

Kimberly of her right to file a pro se response and of the deadline for doing so.

Kimberly did not file a response with the Court.

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

Kimberly’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, we have found nothing that would arguably support

an appeal, and we 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

reversible error but found none, the court of appeals met the requirements of Texas

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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).

Accordingly, we affirm the trial court’s order terminating Kimberly’s parental

rights.2

AFFIRMED.

LEANNE JOHNSON

Justice

Submitted on September 1, 2026

Opinion Delivered September 17, 2026

Before Johnson, Wright and Chambers, JJ.

2

We note that if Appellant decides to pursue review in 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).

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