Ninth Court of Appeals Affirms Parental Rights Termination via Anders Review
In the Interest of L.S., 09-25-00386-CV, February 12, 2026.
On appeal from the 279th District Court, Jefferson County, Texas.
Synopsis
The Ninth Court of Appeals affirmed a trial court’s order terminating parental rights following the submission of an Anders brief by appointed counsel. After conducting an independent review of the record, the Court concluded that no arguable grounds for appeal existed and that the appeal was frivolous.
Relevance to Family Law
While the Anders procedure originated in criminal law, its application in parental rights termination cases remains a critical safeguard for indigent parents while balancing judicial economy. For family law litigators, this case reaffirms the Ninth Court’s strict adherence to the Anders framework and the high burden placed on appellate counsel to exhaustively vet the record before declaring an appeal meritless. It serves as a reminder that even in the absence of a contested appellate brief, the Court of Appeals maintains its role as an independent arbiter to ensure that the “clear and convincing” standard was met at the trial level.
Case Summary
Fact Summary
The case involves the termination of parental rights for “Iris,” the mother of “Lee.” The trial court found evidence supporting termination under several predicate grounds of the Texas Family Code—specifically subsections (D) (endangering conditions), (E) (endangering conduct), (M) (prior termination), and (O) (failure to comply with a service plan)—along with a finding that termination was in the child’s best interest. Following the trial court’s judgment, Iris’s appointed counsel filed a brief stating that, after a professional evaluation of the record, she found no meritorious issues for appeal. Counsel provided Iris with the record and the brief, notifying her of the right to file a pro se response. Iris did not file a response.
Issues Decided
Whether the appellate record supports an arguable ground for appeal following the filing of an Anders brief by appointed counsel in a parental rights termination proceeding.
Rules Applied
The Court applied the Anders v. California framework, as adopted in Texas parental rights cases by In re L.D.T. and In re K.R.C. Under this standard, appointed counsel who concludes an appeal is frivolous must file a brief reflecting a professional evaluation of the record. The Court also applied Texas Family Code Section 161.001 regarding the clear and convincing evidence required for termination and Texas Rule of Appellate Procedure 47.1 regarding the scope of appellate opinions. Finally, the Court noted the continuing obligation of counsel under In re P.M. regarding petitions for review to the Supreme Court of Texas.
Application
The Ninth Court of Appeals engaged in an independent evaluation of the entire appellate record to determine if any non-frivolous issues could be raised. This process involved reviewing the trial court’s findings on the predicate acts and the best interest of the child. Because appointed counsel satisfied the procedural requirements of Anders—including providing the client with the record and notice of her rights—the Court was tasked only with identifying whether any “arguable” grounds existed. Finding none, the Court agreed with counsel’s assessment. The Court specifically noted that it was unnecessary to order the appointment of new counsel for re-briefing because the independent review confirmed the appeal’s lack of merit, effectively closing the door on further appellate review at the intermediate level.
Holding
The Court affirmed the trial court’s order terminating the mother’s parental rights. The Court held that the record contained no arguable grounds for reversal and that the appeal was frivolous.
The Court further clarified that counsel’s duty to the client does not necessarily end at the Court of Appeals; if the parent seeks review in the Supreme Court of Texas, counsel may satisfy her obligations by filing a petition for review that meets the Anders standards.
Practical Application
For trial practitioners, this opinion highlights the finality of termination orders when the evidence is so overwhelming that appellate counsel cannot identify a colorable issue. It underscores the importance of the trial record; if the statutory grounds are robustly documented, the Anders process becomes a procedural hurdle rather than a substantive threat to the judgment. For appellate counsel, the case serves as a roadmap for discharging their duty: meticulous record review, client notification, and the provision of the record to the client are non-negotiable steps to ensuring the Anders brief is accepted by the Court.
Checklists
Appellate Counsel’s Anders Protocol
- Conduct a comprehensive review of the entire trial record, including all exhibits and testimony.
- Draft a brief that provides a professional evaluation of the record and explains why no arguable grounds exist.
- File a letter with the Court of Appeals confirming the client has received a copy of the brief and the record.
- Provide the client with clear instructions on their right to file a pro se response and the associated deadlines.
- Prepare for the possibility of a petition for review by maintaining the Anders standard if the client chooses to proceed to the Supreme Court of Texas.
Trial Practitioner’s Record-Building
- Ensure clear and convincing evidence is entered into the record for every predicate ground pleaded (e.g., specific dates of non-compliance for subsection O).
- Secure specific findings on the record regarding the Holley factors to support the best interest determination.
- Confirm all procedural requirements for service and appointment of counsel were strictly followed to prevent “arguable” procedural errors on appeal.
Citation
In the Interest of L.S., No. 09-25-00386-CV (Tex. App.—Beaumont Feb. 12, 2026, no pet. h.).
Full Opinion
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