S. P. v. Texas Department of Family and Protective Services ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00542-CV
S. P., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT
NO. 20698, HONORABLE CHERYLL MABRAY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant S.P. appeals from the trial court’s order terminating her parental rights to
her child. See Tex. Fam. Code § 161.001. Following a bench trial, the trial court entered judgment
finding by clear and convincing evidence that statutory grounds existed for terminating S.P.’s
parental rights and that termination was in the child’s best interest. See id. § 161.001(b)(1)(K),
(b)(2).
Appellant’s court-appointed counsel has filed a brief concluding that the appeal is
frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967); In re P.M.,
520 S.W.3d 24, 27 & n.10 (Tex. 2016) (per curiam) (approving use of Anders procedure in appeals
from termination of parental rights because it “strikes an important balance between the defendant’s
constitutional right to counsel on appeal and counsel’s obligation not to prosecute frivolous appeals”
(citations omitted)). The brief meets the requirements of Anders by presenting a professional
evaluation of the record and demonstrating why there are no arguable grounds to be advanced
on appeal. See 386 U.S. at 744; Taylor v. Texas Dep’t of Protective & Regulatory Servs.,
160 S.W.3d 641, 646–47 (Tex. App.—Austin 2005, pet. denied) (applying Anders procedure in
parental-termination case). Appellant’s counsel has certified to this Court that he has made diligent
efforts to provide his client with a copy of the Anders brief and information regarding how she may
obtain a copy of the record as well as her right to file a pro se brief. The Department of Family and
Protective Services has filed a response to the Anders brief, waiving its right to file an appellee’s
brief unless requested by this Court or as needed to respond to any pro se brief filed by appellant.
To date, no pro se brief has been filed.
We have conducted a full examination of all of the proceedings to determine whether
the appeal is wholly frivolous, as we must when presented with an Anders brief. See Penson v. Ohio,
488 U.S. 75, 80 (1988). After reviewing the record and the Anders brief, we find nothing in the
record that would arguably support S.P.’s appeal. We agree with appellant’s counsel that the appeal
is frivolous and without merit. Accordingly, we affirm the trial court’s order terminating the parental
rights of S.P. We deny counsel’s motion to withdraw.1
1
The Texas Supreme Court has held that the right to counsel in suits seeking termination
of parental rights extends to “all proceedings [in the Texas Supreme Court], including the filing of
a petition for review.” In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (per curiam). Accordingly,
counsel’s obligations to S.P. have not yet been discharged. See id. If after consulting with counsel
appellant desires to file a petition for review, her counsel should timely file with the Texas Supreme
Court “a petition for review that satisfies the standards for an Anders brief.” See id.
2
__________________________________________
David Puryear, Justice
Before Justices Puryear, Goodwin, and Bourland
Affirmed
Filed: December 4, 2018
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