Summary
The Eleventh Court of Appeals of Texas affirmed an order terminating Appellant-Mother’s parental rights to A.B., R.B., and S.B. The trial court found endangerment, failure to comply with a court-ordered service plan, and that termination was in the children’s best interest. The appellate court independently reviewed counsel’s Anders brief, denied counsel’s motion to withdraw as premature under In re P.M., and affirmed the termination order.
Topics
Practice areas
Questions Presented
- Whether the Anders review showed any arguable issue warranting reversal of the order terminating Appellant-Mother's parental rights.
- Whether court-appointed counsel's motion to withdraw filed in the court of appeals was premature under In re P.M. when no additional ground for withdrawal was shown.
- Whether the trial court's order terminating Appellant-Mother's parental rights should be affirmed.
Holdings
- After independently reviewing the record and applicable law, the court agreed with appointed counsel that Appellant-Mother's appeal was frivolous and without merit.
- In a parental-rights termination case, an Anders motion to withdraw filed in the court of appeals is premature absent an additional ground for withdrawal because appointed counsel's duty generally extends through exhaustion of all appeals.
- The trial court's order terminating Appellant-Mother's parental rights to A.B., R.B., and S.B. was affirmed.
Key quotations
“Accordingly, we deny counsel’s motion to withdraw, and we affirm the trial court’s order of termination.” (4)
Factual background
The Department of Family and Protective Services investigated after finding the children living in a home without running water and pending condemnation, with the children suffering from inadequate food, injuries, illness, and failure to thrive. The Department provided family-based safety services, housing information, and basic necessities, but the parents repeatedly failed to comply with services and continued living in parks or temporary shelters without demonstrating stable housing, income, or the ability to meet the children's basic needs. The trial court found that Appellant endangered the children, failed to comply with her court-ordered service plan, and that termination was in the children's best interest.
Procedural history
The 326th District Court of Taylor County terminated Appellant-Mother's parental rights under Texas Family Code sections 161.001(b)(1)(D), (E), and (O), finding termination to be in the children's best interest under section 161.001(b)(2). On appeal, appointed counsel filed an Anders brief and moved to withdraw. The court of appeals independently reviewed the record, denied the motion to withdraw as premature under In re P.M., and affirmed the termination order.