in the Interest of A. B., a Child
12-15-00037-CV
| Tex. App. | Jul 31, 2015Background
- No. 12-15-00037-CV; Court of Appeals, Twelfth District of Texas (Tyler).
- A.B. is the mother of A.B.1, born March 21, 2012; father not a party on appeal.
- DFPS filed February 18, 2014 petition for protection, conservatorship, and termination.
- Department appointed temporary managing conservator; A.B. appointed temporary possessory conservator.
- Trial court found by clear and convincing evidence grounds for termination and that termination was in the child’s best interest.
- Anders counsel moved to withdraw; court affirmed judgment terminating parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Anders review forecloses reversible error | A.B.'s counsel: no reversible error exists. | Court independently reviews for possible reversible error under Anders. | No reversible error; appeal frivolous; judgment affirmed. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (Anders procedures apply to parental-rights termination when counsel withdraws)
- Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) (procedural framework for Anders-style review)
- In re K.S.M., 61 S.W.3d 632 (Tex. App.—Tyler 2001) (Anders procedures applied in parental rights termination)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (independent review required to assess frivolous-appeal claims)
- Mays v. State, 904 S.W.2d 920 (Tex. App.—Fort Worth 1995) (review of Anders-type claims; no reversible error shown)
- Taylor v. Tex. Dep't of Protective & Regulatory Servs., 160 S.W.3d 641 (Tex. App.—Austin 2005) (independent review framework; no arguable grounds)