In the Interest of A.W., a Child v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledAugust 6, 2026
Docket02-26-00223-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00223-CV
___________________________
IN THE INTEREST OF A.W., A CHILD
On Appeal from the 324th District Court
Tarrant County, Texas
Trial Court No. 324-767654-25
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
I. INTRODUCTION
This is an ultra-accelerated appeal1 in which Appellant J.K. (Mother)2 appeals
the trial court’s order terminating her parent–child relationship with her son, A.W.
(Son).3 The trial court found that the Texas Department of Family and Protective
Services (the Department) had proved four conduct-based grounds for termination of
Mother’s parental rights and that termination was in Son’s best interest.4 See Tex.
Fam. Code § 161.001(b)(1)(D), (E), (O), (Q), (b)(2). The trial court awarded
permanent managing conservatorship of Son to the Department. Mother appealed.
1
See Tex. R. Jud. Admin. 6.2(a) (requiring appellate court to dispose of an
appeal from a judgment terminating parental rights, so far as reasonably possible,
within 180 days after the notice of appeal is filed).
2
To protect the child’s identity, we refer to him and his parents by their familial
relationship. See Tex. Fam. Code § 109.002(d); Tex. R. App. P. 9.8(b)(2).
3
In the same order, the trial court also terminated the presumed father’s, the
alleged father’s, and the unknown father’s parental rights to Son.
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The trial court heard evidence that Mother was a drug addict; that she had
used drugs while pregnant with Son, including using methamphetamines two days
before his birth; that Son tested positive for amphetamines at birth; that Mother was
non-complaint with drug testing; that she had two prior alternative response cases
with the Department; that she was a registered sex offender; that she had been twice
incarcerated; that she had been arrested—months after the Department filed its
petition—for failing to register as a sex offender and possessing a controlled
substance and for violating her bond by testing positive for amphetamine and
methamphetamine; that she was schizophrenic and bipolar; that she had never had a
stable residence; and that she had missed several visits with Son due to her
incarceration.
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II. BACKGROUND
Mother’s appointed appellate counsel has filed a motion to withdraw and a
brief averring that after diligently reviewing the record, she believes that the appeal is
frivolous.5 See Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967);
see also In re K.M., 98 S.W.3d 774, 776–77 (Tex. App.—Fort Worth 2003, order)
(holding that Anders procedures apply in parental-rights termination cases). 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.
We notified Mother that the brief had been filed and provided her with the
opportunity to obtain a copy of the appellate record and to file a pro se response, but
she did not do so. The Department has declined to file a responsive brief.
III. DISCUSSION
When an Anders brief is filed, we must independently examine the appellate
record to determine if any arguable grounds for appeal exist. In re C.J., No. 02-18-
00219-CV, 2018 WL 4496240, at *1 (Tex. App.—Fort Worth Sept. 20, 2018, no pet.);
see also Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State,
904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.). We also consider
the Anders brief itself and any pro se response. In re K.M., No. 02-18-00073-CV,
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Counsel has also certified that she informed Mother of (1) the motion to
withdraw, (2) her right to file a pro se response, (3) her right to review the appellate
record, (4) the process for obtaining the appellate record, and (5) her right to seek
review before the Texas Supreme Court.
3
2018 WL 3288591, at *10 (Tex. App.—Fort Worth July 5, 2018, pet. denied); see In re
Schulman, 252 S.W.3d 403, 408–09 (Tex. Crim. App. 2008) (orig. proceeding).
We have carefully reviewed counsel’s brief and the appellate record. Finding
no arguable grounds for appeal, we agree with counsel that this appeal is without
merit. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); In re D.D.,
279 S.W.3d 849, 850 (Tex. App.—Dallas 2009, pet. denied). Accordingly, we affirm
the trial court’s judgment terminating Mother’s parent–child relationship with Son.
Regarding counsel’s motion to withdraw as Mother’s appellate counsel, the
record does not show good cause for withdrawal independent from counsel’s
conclusion that the appeal is frivolous. See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016)
(order); In re C.J., 501 S.W.3d 254, 255 (Tex. App.—Fort Worth 2016, pet. denied).
Accordingly, we deny counsel’s motion to withdraw, and she remains appointed
through proceedings in the Texas Supreme Court unless otherwise relieved of those
duties. See P.M., 520 S.W.3d at 27–28; In re L.B., No. 02-25-00083-CV, 2025 WL
1909329, at *2 (Tex. App.—Fort Worth July 10, 2025, no pet.); see also Tex. Fam.
Code § 107.016(2)(C).
IV. CONCLUSION
Having agreed with Mother’s counsel that Mother’s appeal is frivolous, we
affirm the trial court’s termination order. See Tex. R. App. P. 43.2(a).
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/s/ Brian Walker
Brian Walker
Justice
Delivered: August 6, 2026
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