NO. 07-10-0195-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MARCH 9, 2011
______________________________
IN THE INTEREST OF J.R.H. AND J.R.H, CHILDREN
_________________________________
FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY;
NO. 08-04-21,253; HONORABLE PAT PHELAN, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, J.R.H., filed a notice of appeal1 challenging the trial court's order
terminating his parental rights to his two sons, J.R.H. and J.R.H.2 In presenting this
1
Although the trial court's order also terminated the mother's parental rights, she did not appeal.
Additionally, Appellant did file a Statement of Points of Appeal in combination with a Motion for New Trial.
See Tex. Fam. Code Ann. § 263.405(b-1) and (i) (West 2008).
2
To protect the privacy of the parties in this case, we identify them by their initials. See Tex. Fam. Code
Ann. ' 109.002(d) (West 2008); Tex. R. App. P. 9.8(b)(1).
appeal, court-appointed counsel for Appellant has filed an Anders3 brief in support of a
motion to withdraw. We grant counsel=s motion and affirm.
In support of her motion to withdraw,4 counsel certifies she has diligently
reviewed the record and, in her opinion, it reflects no reversible error. Anders v.
California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re
Schulman, 252 S.W.3d 403, 406 (Tex.Crim.App. 2008). Counsel candidly discusses
why, under the controlling authorities, the appeal is frivolous. See Stafford v. State, 813
S.W.2d 503 (Tex.Crim.App. 1991). Counsel has demonstrated that she has complied
with the requirements of Anders by (1) providing a copy of the brief to Appellant and (2)
notifying him of his right to file a pro se response if he desired to do so. By letter, this
Court also granted Appellant time in which to file a pro se response to counsel=s brief,
should he desire to do so. Appellant did not file a response. Neither did the
Department favor us with a brief.
Termination of Parental Rights
Section 161.001 of the Family Code permits a court to order termination of
parental rights if the petitioner establishes one or more acts or omissions enumerated
under subsection (1) of the statute and also proves that termination of the parent-child
relationship is in the best interest of the child. See ' 161.001(1) and (2); Holley v.
Adams, 544 S.W.2d 367, 370 (Tex. 1976). Though the same evidence may be
3
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
4
This Court has previously held that appointed counsel may file an Anders brief in an appeal from a
parental rights termination order. See In re A.W.T., 61 S.W.3d 87, 88 (Tex.App.BAmarillo 2001, no pet.).
2
probative of both issues, both elements must be established and proof of one element
does not relieve the petitioner of the burden of proving the other. See id.; In re C.H., 89
S.W.3d 17, 28 (Tex. 2002).
Only one statutory ground is required to terminate parental rights under section
161.001. See In re A.V., 113 S.W.3d 355, 362 (Tex. 2003); In re S.F., 32 S.W.3d 318,
320 (Tex.App.BSan Antonio 2000, no pet.). Therefore, we will affirm the termination
order if the evidence is sufficient to establish (1) any statutory ground relied on by the
trial court in terminating the parent-child relationship and (2) that termination is in the
child=s best interest. See In re A.V., 113 S.W.3d at 362.
The natural right existing between parents and their children is of constitutional
dimension. Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985). Consequently, termination
proceedings must be strictly scrutinized. In Interest of G.M., 596 S.W.2d 846, 846 (Tex.
1980). A termination decree is complete, final, irrevocable, and divests for all time
those natural rights, as well as all legal rights, privileges, duties, and powers, existing
between a parent and a child, except for the child=s right to inherit. Holick, 685 S.W.2d
at 20. Thus, due process requires application of the clear and convincing standard of
proof in cases involving involuntary termination of parental rights. In re J.F.C., 96
S.W.3d 256, 263 (Tex. 2002). Clear and convincing evidence is that measure or degree
of proof which will produce in the mind of the trier of fact a firm belief or conviction as to
the truth of the allegations sought to be established. See ' 101.007. See also In
Interest of G.M., 596 S.W.2d at 847; In re Z.J., 153 S.W.3d 535, 539 (Tex.App.BAmarillo
2004, no pet.). Parental rights, however, are not absolute, and it is essential that the
3
emotional and physical interests of the child not be sacrificed merely to preserve those
rights. In re C.H., 89 S.W.3d at 26.
Here, counsel does not advance any arguable issues. Rather, she analyzes why
the trial court's termination order is supported by clear and convincing evidence and
then concludes the appeal is without merit. We agree with counsel's evaluation of the
record.
Just as in a criminal case, we have independently examined the entire record to
determine whether there are any non-frivolous issues which might support the appeal.
See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988); In re
Schulman, 252 S.W.3d at 409; Stafford, 813 S.W.2d at 511. We have found none. See
Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). After reviewing the record
and counsel=s brief, we agree with counsel that there is legally sufficient evidence to
establish at least one statutory ground for termination, that the best interest of the
children would be served by that termination, and that there are, therefore, no plausible
grounds for appeal.
Accordingly, counsel's motion to withdraw is granted and the trial court=s
termination order is affirmed.
Per Curiam
4
in the Interest of J.H. and J.H., Children
Combined Opinion