in the Interest of K.G.R., a Child

Order entered September 23, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00388-CV
IN THE INTEREST OF K.G.R., A CHILD
On Appeal from the 354th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 90189
ORDER
In this appeal from an order terminating Mother’s parental rights, Mother’s
appointed counsel on appeal has filed an Anders1 brief and a motion to withdraw
stating that there are no non-frivolous arguments for appeal. The Anders procedure
applies to parental termination cases. See In re D.D., 279 S.W.3d 849, 850 (Tex.
App.—Dallas 2009, pet. denied). That procedure requires the parent’s appointed
appellate counsel to forward a copy of the motion and brief to the parent with a
letter explaining that the parent has the right to file a pro se response. See In re
Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
1
Anders v. California, 386 U.S. 738 (1967).
Here, the record indicates that Mother suffers from a cognitive impairment
that precluded her from participating in the trial and appeal of this case.2 At trial,
Mother’s appointed trial counsel informed the trial court that Mother “does not
have the ability to tell me she wishes to waive her right to appeal” and requested
that the trial court appoint an attorney to represent Mother for the appeal. In the
motion to withdraw, Mother’s appointed appellate counsel avers that a copy of the
motion was sent to Mother’s guardian ad litem, David Renshaw, who was thereby
notified in writing of Mother’s right to object to the motion. We note, however,
that in the trial court’s order of termination, entered on April 20, 2022, the trial
court relieved Mr. Renshaw of his duties as guardian ad litem. Thus, at the time
Mother’s appellate counsel notified Mr. Renshaw of the Anders brief and motion to
withdraw, Mr. Renshaw had no duty or authority to take any action on Mother’s
behalf. We find nothing in the record to indicate that Mother is currently
represented by a guardian ad litem.
We conclude that, without a guardian ad litem representing Mother in this
appeal, Mother’s right—to file an objection or response to the Anders brief and
motion to withdraw—cannot be preserved or protected.
Accordingly, we ORDER (1) the Honorable Keli Aiken, Presiding Judge,
354th Judicial District Court of Hunt County, to appoint a guardian ad litem to
represent Mother through the pendency of this appeal, including any appeals to the
2
Mother was represented in the trial court by an appointed legal counsel and an appointed guardian ad litem.
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Texas Supreme Court; and (2) Susan Spradling, Hunt County District Clerk, to file
a supplemental clerk’s record containing the order of appointment WITHIN TEN
DAYS of the date of this order.
We further ORDER that Mother’s appointed guardian ad litem shall have
TEN DAYS from the date of his or her appointment to file in this Court any
objection or brief in response to the Anders brief, or alternatively, a letter to this
Court stating that no objection or response brief will be filed.
We DIRECT the Clerk of this Court to send copies of this Order to the
Honorable Keli Aiken, Presiding Judge, 354th Judicial District Court of Hunt
County; to Susan Spradling, Hunt County District Clerk; and to counsel for all
parties. Upon receipt of the supplemental clerk’s record, the Clerk of this Court
shall immediately provide a copy of the Anders brief and motion to withdraw to
the guardian ad litem.
This appeal is ABATED to allow the trial court and counsel to comply with
this Order. The appeal shall be reinstated when the supplemental clerk’s record is
received or when the Court deems it appropriate to do so.3
/s/ BONNIE LEE GOLDSTEIN
PRESIDING JUSTICE
3
We advise the trial court, district clerk, counsel, and guardian ad litem that our deadline to dispose of this
appeal is 180 days from the filing of the notice of appeal, TEX. R. JUD. ADMIN. 6.2(a), and request that all persons
subject hereto expedite their compliance to the extent practicable.
3