Tx DPFS Suits: Parental rights terminated; Appeal rejected as frivolous

Austin Court of Appeals affirms termination of parental rights on Anders Brief and allows attorney to withdraw. Parent did not file pro se brief to avoid determination that the appeal was frivolous.

Michelle Thomas v. Texas Department of Family and Protective Services, No. (Opinion by Justice Patterson)(TDPFS termination suit)(Before Justices Patterson, Puryear and Pemberton)
Appeal from 146th District Court of Bell County
Disposition: Trial cour order terminating parental rights affirmed

FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO. 212,846-B, HONORABLE RICK MORRIS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

This is an accelerated appeal from an order terminating the parental rights of Michelle L. Thomas, to her minor children, Kv.T. and Ks.T., and also terminating the parental rights of Jermaine Buchanan as to Kv.T. and Terrell Rigmadon as to Ks.T. as the alleged biological fathers. Thomas's court-appointed attorney filed an Anders brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced on appeal. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders. See 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 rights).

A copy of counsel's brief was delivered to Thomas, who was advised of her right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we have found nothing that would arguably support an appeal, and we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. We further grant counsel's motion to withdraw as attorney.
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Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Affirmed
Filed: October 31, 2007