In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-22-00083-CV
___________________________
IN THE INTEREST OF A.S., A CHILD
On Appeal from the 231st District Court
Tarrant County, Texas
Trial Court No. 231-699282-21
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Father appeals from the trial court’s judgment terminating his parental rights to
his child on the grounds that Father had endangered the child, had failed to comply
with his court-ordered service plan, had failed to complete a court-ordered substance-
abuse treatment program, and that termination was in the child’s best interest.1 See
Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O), (P), (b)(2). We affirm.
Father’s appointed appellate counsel filed an Anders brief stating that there are
no arguable grounds for appeal. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct.
1396, 1400 (1967); see also In re K.M., 98 S.W.3d 774, 776–77 (Tex. App.—Fort Worth
2003, no pet.) (holding that Anders procedures apply in cases terminating parental
rights). The brief meets the Anders requirements by presenting a professional
evaluation of the record and demonstrating why there are no arguable grounds to be
advanced on appeal. Further, Father’s counsel (1) provided Father with a copy of the
Anders brief, (2) informed Father of his rights to file a pro se response and to seek
discretionary review from the supreme court, and (3) advised Father of his right to
access the appellate record and provided to him a form motion for effectuating that
purpose. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014). Father
did not file a response, and the Texas Department of Family and Protective Services
declined to file a brief.
The child’s Mother also had her parental rights terminated but did not appeal
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the judgment.
2
When an Anders brief is filed, we must independently examine the record to
determine if any arguable grounds for appeal exist. In re C.J., 501 S.W.3d 254, 255
(Tex. App.—Fort Worth 2016, pets. denied). Our examination should consider the
record, the briefs, and any pro se response. In re L.B., No. 02-19-00407-CV, 2020 WL
1809505, at *1 (Tex. App.—Fort Worth Apr. 9, 2020, no pet.) (mem. op.).
After careful review, we agree with Father’s counsel that there are no arguable
grounds for appeal in this case. We affirm the trial court’s judgment terminating
Father’s parental rights. Father’s counsel remains appointed in this case through any
proceedings in the supreme court unless otherwise relieved of these duties. See In re
P.M., 520 S.W.3d 24, 27 (Tex. 2016).
/s/ Brian Walker
Brian Walker
Justice
Delivered: August 4, 2022
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