In the Interest of K.M., A.M., and K.W., Children v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJuly 23, 2026
Docket02-26-00309-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00309-CV
___________________________
IN THE INTEREST OF K.M., A.M., AND K.W., CHILDREN
On Appeal from the 78th District Court
Wichita County, Texas
Trial Court No. DC78-CP2025-1985-1
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Birdwell
MEMORANDUM OPINION
Appellant Mother appeals from the trial court’s judgment terminating her
parent–child relationship with her minor children and awarding permanent managing
conservatorship of the children to the Texas Department of Family and Protective
Services. See Tex. Fam. Code § 161.001(b)(1)(D), (E), (b)(2). We affirm.
Mother’s appointed appellate counsel has filed an Anders brief stating that the
appeal is frivolous and without merit. 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, order) (holding that Anders procedures apply in cases terminating
parental rights), disp. on merits, No. 2-01-349-CV, 2003 WL 2006583, at *1–3 (Tex.
App.—Fort Worth May 1, 2003, no pet.). 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, Mother’s counsel certified to this
court that she has (1) provided Mother with a copy of the Anders brief; (2) informed
Mother of her right to file a pro se response and the deadline to do so; (3) provided
Mother with instructions on requesting the appellate record; and (4) informed Mother
of her right to ask counsel to file a petition for review on her behalf with the Texas
Supreme Court should this court declare her appeal to be frivolous.
In lieu of a brief, the Texas Department of Family and Protective Services filed
a response stating that it “will not file [an a]ppellee’s brief unless it deems a brief
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necessary after the review of any pro se response or until this [c]ourt requests the
Department to file such.” Mother did not file a response.
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.).
After careful review, we agree with Mother’s counsel that there are no arguable
grounds for appeal in this case. We affirm the trial court’s judgment terminating
Mother’s parental rights. Mother’s counsel remains appointed in this case through any
proceedings in the Texas Supreme Court unless otherwise relieved of these duties. See
Tex. Fam. Code § 107.016(2)(c); In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (order).
/s/ Wade Birdwell
Wade Birdwell
Justice
Delivered: July 23, 2026
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