Z. B. v. Texas Department of Family and Protective Services ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00792-CV
Z. B., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-19-005781, THE HONORABLE AURORA MARTINEZ-JONES, JUDGE
PRESIDING
MEMORANDUM OPINION
Z.B. appeals from the trial court’s final decree terminating her parental rights to
her child.1 See Tex. Fam. Code § 161.001. Following a bench trial, the trial court found by clear
and convincing evidence that statutory grounds for terminating her parental rights existed and
that termination was in the child’s best interest. See id. § 161.001(b)(1)(N), (O), (2).
On appeal, appellant’s court-appointed attorney has filed a brief concluding that
the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967);
Taylor v. Texas Dep’t of Protective & Regulatory Servs., 160 S.W.3d 641, 646–47 (Tex. App.—
Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental
1 We refer to appellant by her initials only. See Tex. Fam. Code § 109.002(d); Tex. R.
App. P. 9.8. In this Court’s cause number 03-19-00713-CV, appellant appeals from the
termination of her parental rights to her other children.
rights). The brief meets the requirements of Anders by presenting a professional evaluation of
the record demonstrating why there are no arguable grounds to be advanced on appeal. See
386 U.S. at 744; Taylor, 160 S.W.3d at 646–47. Appellant’s counsel has certified to this Court
that he provided appellant with a copy of the Anders brief and informed her of her right to
examine the appellate record and to file a pro se brief. To date, appellant has not filed a pro se
brief. The Department of Family and Protective Services has filed a waiver of right to file a
response to the Anders briefs.
Upon receiving an Anders brief, we must conduct a full examination of the
proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75,
80 (1988). We have reviewed the entire record, including the Anders brief submitted on
appellant’s behalf, and have found nothing that would arguably support an appeal. We agree that
the appeal is frivolous and without merit. Accordingly, we affirm the trial court’s final decree
terminating appellant’s parental rights.2
__________________________________________
Melissa Goodwin, Justice
Before Justices Goodwin, Baker, and Kelly
Affirmed
Filed: January 30, 2020
2 As he acknowledges in the brief, counsel’s obligation to his client has not yet been
discharged. See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (per curiam). If appellant, after
consulting with counsel, desires to file a petition for review, counsel should timely file with the
Texas Supreme Court “a petition for review that satisfies the standards for an Anders brief.” See
id. at 27–28.
2