in the Interest of I.A.R., a Child ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-22-00233-CV
IN THE INTEREST OF I.A.R., §
A CHILD. Appeal from the
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65th Judicial District Court
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of El Paso County, Texas
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(TC# 2019DCM7904)
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MEMORANDUM OPINION
Appellant, R.R. (Father), appeals the trial court’s final order terminating his parental rights
to his child. 1 See TEX. FAM. CODE ANN. § 161.001. After a bench trial, the trial court found by
clear and convincing evidence that statutory grounds for terminating his parental rights existed and
that termination of those rights was in the child’s best interest. See id. § 161.001(b)(1)(N) and (O).
After a thorough review of the record, in an Anders brief, R.R.’s counsel concluded that
R.R.’s appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967).
Counsel certified to this Court that she provided R.R. with a copy of the Anders brief filed on his
1 For the child’s privacy, we will refer to her by an alias and to her family members by their relationships to her or
by aliases. See TEX. R. APP. P. 9.8. The parental rights of the child’s mother were also terminated, but she did not
appeal.
behalf along with a copy of her motion to withdraw. Counsel also advised R.R. of his right to
examine the appellate record and file a pro se brief. To date, R.R. has not filed a pro se brief.
In Anders, the U.S. Supreme Court recognized that counsel appointed to represent the
appellant in an appeal from a criminal conviction had no duty to pursue a frivolous matter on
appeal. Anders, 386 U.S. at 744. Thus, counsel was permitted to withdraw after informing the court
of his conclusion and the efforts made in arriving at that conclusion. Id. As relevant to this cause,
the Supreme Court of Texas has determined that the procedures set forth in Anders apply to an
appeal from a case involving the termination of parental rights when court-appointed counsel has
determined an appeal is frivolous. See In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam);
In re J.B., 296 S.W.3d 618, 619 (Tex. App.—El Paso 2009, no pet.).
Counsel’s brief meets the requirements of Anders by containing a professional evaluation
of the record and demonstrating that there are no arguable grounds for reversing the termination
order. Upon receiving an Anders brief, we are required to conduct a full examination of all the
proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80
(1988). We have thoroughly reviewed the entire record, including the Anders brief, and found
nothing that would arguably support an appeal. We have specifically reviewed the trial court’s
findings as to R.R. under Texas Family Code § 161.001(b)(1), subsections (N) and (O), and we
found no non-frivolous issues that could be raised on appeal with respect to those findings. See In
re N.G., 577 S.W.3d 230, 237 (Tex. 2019) (per curiam); see also TEX. FAM. CODE ANN. §
161.001(b)(1). We agree with counsel’s professional assessment that the appeal is frivolous and
without merit. Accordingly, we affirm the trial court’s order terminating Appellant R.R.’s parental
rights.
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Counsel’s Motion to Withdraw
R.R.’s counsel has filed a motion to withdraw, citing as grounds for withdrawal her filing
of an Anders brief. However, when an Anders brief is filed in a parental termination appeal, the
appellant’s right to appointed counsel extends to “all proceedings in this [Texas Supreme Court],
including the filing of a petition for review.” In re P.M., 520 S.W.3d at 27 (citing Tex. Fam. Code
Ann. § 107.013(a)(1)). Accordingly, counsel’s obligations to R.R. have not yet been discharged.
See id. In the event R.R. advises appointed counsel that he wishes to challenge our decision by
filing a petition for review, “counsel’s obligations can be satisfied by filing a petition for review
that satisfies the standards for an Anders brief.” Id. at 27-28. Accordingly, R.R.’s counsel’s motion
to withdraw is denied.
LISA J. SOTO, Justice
January 25, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
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