K. M.-J. v. Texas Department of Family and Protective Services

Summary

The Texas Court of Appeals, Third District, affirmed a decree terminating K.M.-J.’s parental rights to five children. The court held that the Anders-style appeal was frivolous based on evidence supporting statutory grounds for termination and the children’s best interests, and it granted appointed counsel’s motion to withdraw.

Holdings

1. A trial court may involuntarily terminate a parent-child relationship only when clear and convincing evidence establishes at least one statutorily specified ground for termination and that termination is in the child's best interest.
2. The appeal was frivolous, and the decree terminating K. M.-J.'s parental rights to the five children was affirmed.
3. Appointed counsel's motion to withdraw was granted after the court independently reviewed the record and concluded that the appeal was frivolous.

Questions Presented

1. Whether K. M.-J.'s Anders-style appeal from the decree terminating her parental rights was frivolous.
2. Whether the record supported termination of K. M.-J.'s parental rights under the statutory grounds submitted to the jury and the children's best interests.
3. Whether appointed counsel should be permitted to withdraw after determining that the appeal presented no nonfrivolous grounds for reversal or modification.

Disposition

affirmed