in the Interest of C.J., a Child ( 2018 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-18-00219-CV
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IN THE INTEREST OF C.J., A CHILD
On Appeal from the 233rd District Court
Tarrant County, Texas
Trial Court No. 233-526408-12
Before Sudderth, C.J.; Gabriel and Kerr, JJ.
Opinion by Justice Gabriel
MEMORANDUM OPINION
Appellant J.A. (Mother) appeals the trial court’s final order terminating her
parental rights to C.J. See Tex. Fam. Code Ann. § 161.001(b) (West Supp. 2017). The
trial court found by clear and convincing evidence that Mother’s conduct satisfied the
termination grounds listed in family code section 161.001(b)(1)(D) and (E) and alleged
in the petition for termination. See id. § 161.001(b)(1)(D), (E). The trial court further
found by clear and convincing evidence that termination of her parental rights was in
C.J.’s best interest. See id. § 161.001(b)(2). Accordingly, the trial court ordered the
termination of Mother’s parental rights to C.J. and named appellee the Texas
Department of Family and Protective Services (DFPS) as C.J.’s permanent managing
conservator.1
On July 30, 2018, Mother’s appointed appellate counsel filed a brief stating that
she has conducted a professional evaluation of the record and has concluded that
there are no arguable grounds to be advanced to support an appeal of the trial court’s
termination order and that the appeal is frivolous. Counsel’s brief presents the
required professional evaluation of the record demonstrating why there are no
reversible grounds on appeal and referencing any grounds that might arguably support
the appeal. See Anders v. California, 386 U.S. 738, 744 (1967); see also In re K.M.,
98 S.W.3d 774, 776–77 (Tex. App.—Fort Worth 2003, order) (holding Anders
The trial court also terminated the parental rights of C.J.’s adjudicated father.
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No party appeals that portion of the termination order.
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procedures apply in parental-termination cases), disp. on merits, No. 2-01-349-CV, 2003
WL 2006583 (Tex. App.—Fort Worth May 1, 2003, no pet.) (mem. op.). Further,
counsel informed Mother of her right to request the record and to file a pro se
response. See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014). In
addition, this court informed Mother of these rights and gave her the opportunity to
notify this court of her intent to respond. Although Mother responded on September
12, 2018, she failed to show any arguable grounds supporting her appeal. DFPS
notified this court that it agreed there are no grounds assailing the trial court’s
judgment.
In reviewing a brief that asserts an appeal is frivolous and that fulfills the
requirements of Anders, this court is obligated to undertake an independent
examination of the record to determine if any arguable grounds for appeal exist. See
In re C.J., 501 S.W.3d 254, 255 (Tex. App.—Fort Worth 2016, pets. denied) (citing
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991)). After reviewing the
entire record, we conclude that the trial court’s findings that Mother’s conduct
satisfied a conduct ground listed in section 161.001(b)(1) and alleged in the petition
and that the termination of Mother’s parental rights was in C.J.’s best interest were
supported by clear and convincing evidence. See Tex. Fam. Code Ann. § 161.001(b);
see, e.g., In re I.L.G., 531 S.W.3d 346, 352–56 (Tex. App.—Houston [14th Dist.] 2017,
pet. denied); In re M.E.-M.N., 342 S.W.3d 254, 261–64 (Tex. App.—Fort Worth 2011,
pet. denied). The record reveals no arguable grounds for reversal; thus, we agree with
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counsel that Mother’s appeal is without merit. See In re D.D., 279 S.W.3d 849, 850
(Tex. App.—Dallas 2009, pet. denied). We affirm the trial court’s order of
termination. See Tex. R. App. P. 43.2(a). We remind counsel of her continuing duty
to represent Mother until she has exhausted her proceedings, including possibly filing
a petition for review in the supreme court. See In re P.M., 520 S.W.3d 24, 27–28 (Tex.
2016); In re D.T., No. 02-17-00061-CV, 2017 WL 2806323, at *1–3 (Tex. App.—Fort
Worth June 29, 2017, no pet.) (mem. op.).
/s/ Lee Gabriel
Lee Gabriel
Justice
Delivered: September 20, 2018
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