Opinion
09-24-00228-CV
11-07-2024
IN THE INTEREST OF M.T.
Submitted on October 28, 2024.
On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. 23DCFM0792
Before Golemon, C.J., Wright and Chambers, JJ.
MEMORANDUM OPINION
JAY WRIGHT, Justice.
Mother appeals an order terminating her parental rights to her minor child, M.T. The trial court found, by clear and convincing evidence, that statutory grounds exist for termination of Mother'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), (O), (2).
To protect the identity of the minor, we use initials to refer to the child and refer to the appellant as "Mother." See Tex. R. App. P. 9.8(b)(2).
The trial court also terminated Father's parental rights, but he is not a party to this appeal.
Mother'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.) (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 gave Mother a copy of the Anders brief she filed, notified Mother of her right to file a pro se brief, and provided Mother a copy of the appellate record. The Court notified Mother of her right to file a pro se response and the deadline for doing so. Mother filed a pro se 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 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.