In the Interest of B.K.C., a Child

Summary

The Fourth Court of Appeals of Texas addresses an Anders-type brief and motion to withdraw filed in an appeal from the termination of K.D.'s parental rights. The court ordered deadlines for reviewing the appellate record and filing a pro se brief, while holding counsel's motion to withdraw in abeyance.

Holdings

1. A procedure akin to Anders v. California is necessary in parental-termination appeals to protect the statutory right to appellate counsel, permit counsel to fulfill ethical obligations, assist the court in deciding the appeal, and provide consistent procedures for indigent litigants.
2. Counsel complied with the required procedure by sending K.D. a letter explaining his right to review the record and file a pro se brief, enclosing the brief, motion to withdraw, and a form motion for record review, and informing him of the steps and deadlines for exercising those rights.

Questions Presented

1. Whether an Anders-type procedure is required in an indigent appeal from an order terminating parental rights.
2. Whether appointed appellate counsel complied with the required procedure by advising K.D. of his rights and providing access to the brief, motion to withdraw, and appellate record.

Disposition

other