COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF

Z.Z.E-P.,

A CHILD.

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No. 08-21-00024-CV

Appeal from the

65th District Court

of El Paso County, Texas

(TC# 2019DCM3417)

MEMORANDUM OPINION

Appellant R.P.1(Father) appeals a trial court judgment terminating his parental rights to 

son Z.Z.E-P. We affirm the judgment of the trial court.

Father is represented on appeal by court-appointed counsel who has filed a brief in 

accordance with the requirements of Anders v. California, 386 U.S. 738, 741-44 (1967). Courtappointed counsel has concluded that, after a thorough review of the record, Father’s appeal is 

frivolous and without merit.

In Anders, the Supreme Court recognized that counsel, though appointed to represent the 

1 We refer to the parties by aliases. See TEX. R. APP. P. 9.8(b)(2).
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appellant in an appeal from a criminal conviction, had no duty to pursue a frivolous matter on 

appeal. Anders, 386 U.S. at 744. Thus, counsel was permitted to withdraw after informing the court 

of his conclusion and the effort made in arriving at that conclusion. Id. The procedures set forth in 

Anders apply to an appeal from a case involving the termination of parental rights when courtappointed counsel has determined that the appeal is frivolous. See In re P.M., 520 S.W.3d 24, 27 

n.10 (Tex. 2016) (per curiam) (recognizing that Anders procedures apply in parental termination 

cases); In re J.B., 296 S.W.3d 618, 619 (Tex. App.—El Paso 2009, no pet.).

Counsel’s brief meets the requirements of Anders by containing a professional evaluation 

of the record and demonstrating that there are no arguable grounds for reversal of the termination 

order. Upon receiving an Anders brief, we are required to conduct a full examination of all the 

proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 

(1988). We have thoroughly reviewed the entire record, including the Anders brief, and we have 

found nothing that would arguably support an appeal. We agree with counsel’s professional 

assessment that the appeal is frivolous and without merit. Because there is nothing in the record 

that might arguably support the appeal, the final order terminating Father’s parental rights is 

affirmed.

In the prayer section of the Anders brief, counsel for Father asks this Court to relieve her 

of this appointment and allow her to withdraw. Based on Texas Supreme Court precedent, we 

cannot do so at this time. Upon determining that counsel has fully complied with the requirements 

of Anders and finding that the appeal is frivolous following an independent review of the record, 

intermediate appellate courts typically grant motions to withdraw in criminal cases. Granting the 

motion to withdraw relieves counsel of any obligation to continue with a frivolous appeal. In re

D.C., 573 S.W.3d 860, 864 (Tex. App.—El Paso 2019, no pet.). The Texas Supreme Court has 
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determined, however, that we must deny counsel’s motion to withdraw in this parental rights 

termination case because a parent’s statutory right to counsel in suits seeking termination of 

parental rights extends to all proceedings in the Texas Supreme Court, including the filing of a 

petition for review, and counsel's “belief” that the appeal is frivolous does not constitute “good 

cause” for withdrawal. In re P.M., 520 S.W.3d at 27; see TEX. FAM. CODE ANN. § 107.016(3) (in 

a suit by a governmental entity seeking the termination of parental rights, an attorney appointed to 

serve as an attorney ad litem for a parent or alleged father continues to serve in that capacity until 

the suit is dismissed, the date all appeals from the termination order are exhausted, or the date the 

attorney is relieved of his duties or replaced by another attorney after a finding of good cause is 

rendered by the court).

Accordingly, we must deny counsel’s motion to withdraw. See In re P.M., 520 S.W.3d at 

27. In the event Father advises appointed counsel that he wishes to challenge our decision by filing 

a petition for review, “counsel’s obligations can be satisfied by filing a petition for review that 

satisfies the standards for an Anders brief.” Id. at 27-28. Counsel’s motion to withdraw is denied.

GINA M. PALAFOX, Justice

May 24, 2021

Before Rodriguez, C.J., Palafox, J., and McClure, C.J. (Senior Judge)

McClure, C.J. (Senior Judge), sitting by assignment