R. C. and P. K. v. Texas Department of Family and Protective Services

Summary

The Texas Court of Appeals, Third District, reviews an order terminating the parental rights of R.C. and P.K. under Texas Family Code sections 161.001(b)(1)(D) and (E), based on endangerment and the children's best interests. The court concludes that Father's Anders appeal is frivolous and rejects Mother's arguments that the Department failed to make reasonable reunification efforts and failed to prove that termination was in the children's best interests. The court affirms the termination order.

Holdings

1. Father's appeal was frivolous and without merit because the court's full examination of the record disclosed no arguable grounds for appeal.
2. The Department proved by clear and convincing evidence that it made reasonable efforts to return the children to Mother before trial and that, despite those efforts, a continuing danger remained in the home preventing their return.
3. Legally and factually sufficient evidence supported the trial court's finding that termination of Mother's parental rights was in Son's and Daughter's best interests.

Questions Presented

1. Whether Father's appeal was wholly frivolous under the Anders procedure.
2. Whether the Department made reasonable efforts to return the children to Mother as required by Texas Family Code section 161.001(f).
3. Whether legally and factually sufficient evidence supported the finding that termination of Mother's parental rights was in the children's best interests.

Disposition

affirmed