In the Interest of G.L.M., a Child v. the State of Texas

Summary

The Eleventh Court of Appeals of Texas reviewed an Anders appeal from an order terminating the mother's parental rights. The court held that the appeal was frivolous, modified the termination order to delete the void finding under repealed Texas Family Code subsection 161.001(b)(1)(O), and affirmed the order as modified. The court denied appointed counsel's motion to withdraw because counsel's obligations generally extend through exhaustion of appeals.

Holdings

1. The appeal was frivolous and without merit after independent review of the record; the endangerment findings were supported by clear and convincing evidence.
2. The trial court's finding under former Texas Family Code section 161.001(b)(1)(O) was void because the proceeding was pending on or after the effective date of the statutory repeal.
3. The motion to withdraw was denied because appointed counsel's duty in a parental-termination case generally extends through exhaustion of appeals, and an Anders motion filed in the court of appeals may be premature absent additional grounds for withdrawal.

Questions Presented

1. Whether the record contained any arguable, nonfrivolous ground for challenging the termination of the mother's parental rights.
2. Whether the trial court's finding under former Texas Family Code subsection 161.001(b)(1)(O) was void because the legislature repealed that subsection effective September 1, 2025, while the proceeding was pending.
3. Whether appointed appellate counsel's motion to withdraw was premature in a parental-termination appeal.

Disposition

other