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

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-22-00231-CV
IN THE INTEREST OF A.G.G.,
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# 2021DCM3172)
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MEMORANDUM OPINION
Appellant, C.G. (Mother), appeals the trial court’s final order terminating her parental
rights to her children. 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 her parental rights
existed and that termination of those rights was in the child’s best interest. See id.
§ 161.001(b)(1)(E), (O) and (P).
After a thorough review of the record, in an Anders brief, C.G.’s counsel has concluded
that C.G.’s appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744
(1967). Counsel certified to this Court that she has provided C.G. with a copy of the Anders brief
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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 father were terminated, but he did not appeal
filed on her behalf along with a copy of counsel’s motion to withdraw. Counsel also advised C.G.
of her right to examine the appellate record and file a pro se brief. To date, C.G. has not filed a pro
se brief.
In Anders, the U.S. Supreme Court recognized that counsel, who had been 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 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 further demonstrating that there are no arguable grounds for reversal of 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 C.G. under Texas Family Code § 161.001(b)(1), subsections (E), (O) and
(P), 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 Mother’s
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parental rights.
Counsel’s Motion to Withdraw
C.G.’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 C.G. have not yet been discharged.
See id. In the event C.G. advises appointed counsel that she 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, C.G.’s counsel’s motion
to withdraw is denied.
YVONNE T. RODRIGUEZ, Chief Justice
January 25, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
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